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

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the Government’s report received in August 2009, which recalls that the Labour Code prohibited the activities of private employment agencies. In its 2001 observation, the Committee noted the amendments made by Law No. 24 of 10 December 2000 to the relevant provisions of the Labour Code. In its latest report, the Government provides the text of Legislative Decree No. 62 of 1 October 2007 issuing regulations governing agencies specializing in the recruitment and employment of non-Syrian women domestic employees and tutors and Decree No. 27 of 24 March 2009 issued under that text. The Committee notes that implementing Decree No. 27 has been replaced by implementing Decree No. 108 of 10 December 2009, which entered into force on 31 December 2009. The new legislation establishes a legal framework regulating the activities of private employment agencies responsible for the recruitment and placement of non-Syrian women domestic employees and tutors. In particular, the new legislation provides for the granting of licences for employment agencies, their control by the Directorate of Social Affairs and Labour and the possibility of establishing taxes and expenses for employers. The Committee recalls that the provisions of Part II of Convention No. 96 have been applicable in the Syrian Arab Republic since 7 June 1958. These provisions require the competent authority to determine a limited period of time for the abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes that Legislative Decree No. 62 of 1 October 2007 authorizes the reopening of fee-charging employment agencies dealing with various categories of persons, without establishing a time limit for their abolition. The Committee also notes the Government’s statement indicating that a new draft Labour Code envisages the establishment of private employment agencies. The Committee invites the Government to consult the General Survey of 2010 on employment instruments, which contains guidance for countries which have accepted Part II of Convention No. 96 to consider the ratification of the more recent Convention, the Private Employment Agencies Convention, 1997 (No. 181). The Committee also emphasizes that public employment services and private agencies are both actors in the labour market and that their common aim is to contribute to a functioning labour market and the achievement of full employment (General Survey, op. cit., paragraph 728). As the current situation is not in conformity with the requirements of Convention No. 96, the Committee hopes that the Government will soon be in a position to subscribe to the obligations of Convention No. 181. It invites the Government to provide information on any developments, in consultation with the social partners, with a view to the ratification of Convention No. 181.

[The Government is asked to reply in detail to the present comments in 2011.]