Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2009 direct request, which read as follows:

The Committee refers to its 2009 observation and asks the Government to also include in its next report detailed information on the following issues already raised in its 2006 direct request.

1. Article 4 of the Convention. Measures to ensure the right to freedom of association. The Government reiterates that the right to freedom of association and the right to bargain collectively are clearly stated in section 31 of the National Constitution and section 13 of Labour Proclamation No. 377/2003. The Committee refers to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and asks the Government to specify the measures taken to ensure that the workers recruited by private employment agencies are not denied the right to freedom of association and the right to collective bargaining.

2. Article 5(1). Measures to promote equality. The Government refers to section 14 of Labour Proclamation No. 377/2003 and section 15(2) of Private Employment Agency Proclamation No. 104/1998, requiring private employment agencies to ensure that workers, in addition to the areas indicated in Article 5(1) of the Convention, are ensured their rights, safety and dignity. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and again asks the Government to indicate the measures taken to ensure that private employment agencies operating overseas or domestically treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or any other ground of discrimination covered by national law and practice, such as age or disability.

3. Article 6. Protection of personal data. The Government states that the inspection service has the right to protect employees’ personal data. The Committee again asks for further information on the manner in which workers’ personal data are protected.

4. Article 7. Fee charging. The Government indicates in its report that according to section 20 of Private Employment Agencies Proclamation No. 104/1998, no person or entity shall perform employment services for consideration from a worker. In its 2006 direct request, the Committee noted that illegal fee charging of workers is practised by some agencies and that legislative amendments were requested in order to allow fee charging. The Committee understands that the issue has been discussed by government representatives, the social partners and other stakeholders. The Committee refers again to the relevant provision of Article 7 which provides that “in the interest of the workers concerned, and after consulting the most representative organizations of employers and workers, the competent authority may authorize exceptions to the provisions of paragraph 1 in respect of certain categories of workers, as well as specified types of services provided by private employment agencies”. If the Government makes use of this flexibility device, it will have to provide information on such authorized exceptions and give the reasons therefore (paragraph 3). The Committee asks the Government to report in detail on the measures taken to give full effect in law and in practice to the provisions of Article 7 of the Convention.

5. Articles 10 and 14 and Part V of the report form. Complaint procedures and statistics. The Government reports in regard to Article 10 of the Convention that the Ministry of Labour and Social Affairs assisted by the federal police is charged with the investigation of complaints. In order to examine the practical effect given to the provisions of Articles 10 and 14, the Committee again requests the Government to report on the type and volume of complaints received, as well as how they are resolved. Please also provide information on the number of workers covered by the Convention and the number and nature of infringements reported (Part V of the report form).

6. Articles 11 and 12. Protection of workers and allocation of responsibilities. The Government indicates in its report that the protection of workers’ rights are ensured according to Labour Proclamation No. 377/2003. The Committee again asks the Government to describe in detail the measures taken, in accordance with national law and practice, to ensure protection for workers employed by private employment agencies with a view to making them available to a third party, in relation to each of the areas described in Article 11 and to describe the way in which responsibilities are allocated between private employment agencies and user enterprises in each of the areas described in Article 12.

7. Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes the Government’s statement that private employment agencies should submit monthly reports to the Ministry and the nearest public employment offices and that this information is published as an annual labour bulletin of the Ministry. The Committee recalls that Ethiopia has ratified the Employment Service Convention, 1948 (No. 88), and  that, under Convention No. 181, the public authorities retain the final authority for formulating the labour market policy (Article 13(2)). It reiterates its interest in receiving information on the areas of cooperation between the public employment service and private employment agencies (Article 13(1)). Please also supply examples of the information provided to the Ministry of Labour by the private employment agencies and specify the information that is made publicly available annually (Article 13(3–4)).