Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Legal regime governing private employment agencies. The Committee notes that in the reply of the Government to the direct request of 2006, the Government has recalled that a special commission was in operation until August 2004 and had prepared draft regulations for Convention No. 181. It has also said that the draft regulations were submitted for technical analysis before being presented for consideration by the Tripartite International Standards Group. While the Government recalls that the mere ratification of Convention No. 181 implies its integration into the national legal system as a law, nevertheless it recognizes that enforceable regulations are necessary to ensure the effective supervision and control of private employment agencies. The Government indicates that, although information is gathered for statistical purposes, there is no law which compels private employment agencies to be authorized nor does it make the obtaining of licences mandatory. Agencies which voluntarily apply for authorization must follow the prescribed procedure for the grant of authorization. The Committee notes the Government’s assertion that it will provide as soon as possible the updated text of the draft Decree regarding private employment agencies. The Committee also notes that in the observations received from the Inter-Union Assembly of Workers–National Convention of Workers (PIT–CNT), serious deficiencies have been alleged in the monitoring of private employment agencies, particularly with regard to workers experiencing difficulties in being paid their wages and in performing work under satisfactory conditions. In the view of the PIT–CNT, the action taken in relation to the supervision of third party recruitment is also inadequate. The Committee once again requests the Government to send the text of the Decree giving effect to the Convention, together with information enabling the examination of the application of each of the provisions of the Convention, and data on the number and nature of any infringements reported in connection with the activities of private employment agencies.