Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s report and the information it contains in response to its previous observation. It notes the information that the Ministry of Social Affairs and Labour has undertaken to prepare a draft decree to amend the provisions of the Labour Code in order to bring them into line with the Convention. It notes that since 1966 the Government has regularly referred in its reports to the preparation of such a draft, but has never been able to report its adoption. The Committee therefore once again expresses the hope that the Government will very shortly be in a position to inform the ILO of progress made in respect of the following points, already addressed in previous comments.

Part II of the Convention.  The Government emphasizes that there are no private employment agencies and, if there were, sections 90 and 22 of the Labour Code, which prohibit fee collection from the worker, are not contrary to the Convention. The Committee has nevertheless pointed out many times that the Convention’s requirement for exemption from the payment of the fee must cover the employer as well as the worker. It is not enough to exempt only the worker. The Committee therefore again asks the Government to repeal sections 18 to 22 of the Labour Code as soon as possible.

The Committee also requests the Government once again to amend section 11 of the Labour Code in order to extend to domestic and similar workers the application of the chapter concerning the placement of unemployed persons.

[The Government is asked to report in detail in 2001.]