Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Parts I and II of the report form. Article 4 of the Convention. Reform of the public employment service. Participation of the social partners. The Committee notes the information contained in the Government’s report received in January 2008 for the period ending June 2007. In reply to the observations made in 2006 and 2007, the Government recalls that Act No. 2005-32 of 18 January 2005 on programming for social cohesion redefined the scope of the public employment service, particularly by establishing the principle of closer operational links between the National Employment Agency (ANPE) and the National Occupational Union for Employment in Industry and Commerce (UNEDIC). The State-ANPE–UNEDIC agreement of 5 May 2006 on the coordination of actions of the public employment service described the details of these operational links, placing the emphasis on a “one-stop shop” and an information system. The Committee again asks the Government to indicate what arrangements are made for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy, in the context of the reform of the public employment service (Article 4). It also requests the Government to supply a detailed report on the way in which the regulations in force give effect to each of the provisions of the Convention (Parts I and II of the report form).

Article 1, paragraph 1. Contribution of the free public employment service to employment promotion. In response to the Committee’s previous comments, the Government states that the agreement of 5 May 2006 establishes the conditions under which UNEDIC may have recourse to private operators. In this regard, the Committee notes section 5(c) of this agreement, which states that the conditions under which placement bodies may be remunerated by the unemployment insurance system must be laid down by the agreement and the relevant terms and conditions, but that remuneration of these external bodies must largely depend on results in terms of employment placement and quality and that the services are free of charge for the jobseekers concerned. The Committee refers to its observation of 2008 on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it notes the planned reinforcement of the trial use of private job placement operators. The Committee asks the Government to supply information on the results of the new evaluations conducted regarding the use of private placement operators, in order to ensure the essential task of the employment service to achieve the best possible organization of the employment market, in cooperation, where necessary, with other public and private bodies concerned.

Article 3. Development of employment offices throughout the territory. The Government states that Decree No. 2005-259 of 22 March 2005 established procedures for allocating state aid to “employment centres” and provided for the setting up of a national committee for employment centres, which was established in April 2005. With reference to a survey conducted at the end of 2006 by DARES and DGEFP, the Government states that a gradual increase in employment centre operations could be seen in 2006 and the first half of 2007. The Committee requests the Government to describe the impact of the reforms under way on the creation, establishment and functions of employment centres. Please also supply information on all developments that have occurred with regard to the actual establishment of employment offices sufficient in number to meet the requirements of employers and workers in each geographical area.

[The Government is asked to reply in detail to the present comments in 2009.]