Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Part II of the Convention. With reference to its previous observation, the Committee recalled the Government's statement to the effect that, in 1984, the Council of Ministers approved a Bill to align the Labour Code with the Convention: (a) by repealing sections 18 and 22 of the Labour Code, which authorise the setting up of private employment agencies; (b) by amending section 11 of the above Code with a view to extending the application of its provisions to domestic and similar workers. The Committee regretted to note that the Government's report did not contain the information requested previously on the follow-up given to this Bill which, had it been adopted, would have enabled the problems raised in the comments since the Convention came into force, to be solved. It again noted the Government's assurances that, in practice, private employment agencies did not exist and the relevant provisions of the Code were not applied. In this connection, it took particular note of certain measures taken by the Government to prevent, in effect, the setting up of such agencies. However, the Committee was bound to reiterate its previous comments regarding the need for measures to bring the legislation into full conformity with the Convention and declared practice. The provisions of the Labour Code currently in force authorise the setting up of private employment agencies, apparently guaranteeing exemption from the payment of a fee only to unemployed persons whom such agencies place in employment, excludes certain activities such as "casual jobs" from the provisions concerning placement, or provides for special texts for domestic workers. The Committee trusts that the Government will re-examine its position in the light of the above considerations, and that it will take the appropriate measures at an early date to ensure that its legislation gives full effect to Part II of the Convention which provides for the progressive abolition of fee-charging employment agencies conducted with a view to profit and the regulation of other agencies.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.