Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

1. Activities of temporary work enterprises. Revision of Convention No. 96. The Committee notes the Government’s indication, in its report received in June 2006, that the activities of temporary work enterprises, as they operate in Côte d’Ivoire, cannot be assimilated to those of a fee-charging employment agency. The Committee nevertheless refers to the comments that it has been making for many years and draws the Government’s attention to the fact that, under the terms of Article 1, paragraph 1(a), of the Convention, temporary work enterprises are covered by the definition of fee-charging employment agencies. The Committee once again requests the Government to indicate the manner in which the legal regime of temporary work enterprises is in conformity with the provisions of the Convention. In this connection, the Committee recalls that the Governing Body of the ILO invited the States parties to Convention No. 96 to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which will involve the immediate denunciation of Convention No. 96 (document GB. 273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee requests the Government to report on any developments which may occur in this respect, in consultation with the social partners.

2. Part III of the Convention. Regulation of fee-charging employment agencies. The Government indicates in its report that fee-charging employment agencies are approved for three years to take into account the national context, and that the administrative conditions for renewal are such that annual renewal appears almost impossible. The Committee refers once again to Article 10(b), which provides that such agencies shall be required to be in possession of a yearly licence renewable at the discretion of the competent authority so that they can be subject to regular supervision and it trusts that the Government will make every effort to give full effect to this provision of the Convention.

3. Supervision of the activities of fee-charging employment agencies. The Committee notes that the Agency for Employment Studies and Promotion (AGEPE) is entrusted with the function of approving fee-charging employment agencies and that in this capacity it is responsible for their regular supervision. The Government indicates in its report that, for this purpose, employment agencies are under the obligation to notify the vacancies received and the number of workers placed in employment so that statistics can be established and projections made. However, the Committee notes the Government’s statement that, in practice, the AGEPE as a regulatory body is in competition with fee-charging employment agencies, and that the agencies do not therefore see the need to notify their statistics to a de facto competitor. The Committee requests the Government to provide further particulars in this respect and to indicate the appropriate penalties established, including the withdrawal where necessary of licences and authorizations, for any violation of the provisions of the national legislation respecting supervision by the competent authorities of the activities of fee-charging employment agencies (Articles 13 and 14).

4. Part V of the report form. The Committee draws the Government’s attention to the importance of the regular provision of up to date information on the application of the Convention in practice so as to enable it to examine the effect given to the provisions of the Convention. In this respect, it requests the Government to provide all available information on the manner in which the Convention is applied in practice, and particularly statistics on fee-charging placement activities, and on the number and nature of the infringements reported.