Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Employment Service Convention, 1948 (No. 88) - San Marino (Ratification: 1985)

The Committee notes the information supplied by the Government in reply to its earlier comments.

Article 4 of the Convention. In its earlier comments the Committee noted that among the members of the Employment Commission established in accordance with section 25 of Act No. 95 of 19 September 1989 (which is similar to section 25 of the repealed Act No. 83 of 11 December 1979) there are four representatives of legally recognized workers' trade union organizations and two representatives of legally recognized employers' organizations, whereas paragraph 3 of this Article requires that the representatives of employers and workers on advisory committees shall be appointed "in equal numbers". The Committee also noted the statement in the Government's report dated 6 June 1990 to the effect that the government authorities had taken note of the observations formulated by the Committee and had promised to give the matter their utmost attention with a view to bringing the legislation into conformity with the Convention.

In its latest report dated 19 January 1993 the Government states that the Employment Commission referred to in section 25 of Act No. 95 has statutory (decision-making and executive) power, and not merely advisory status. It indicates that in 1989, when considering the new Job Placement Act for submission to Parliament, the Government decided to retain the old composition of the Commission which, because of its executive character and because of Parliament's exclusive right to decide on appointments, is not at variance with Article 4, paragraph 3, of the Convention. The Government also indicates that the employers' organizations, when considering the text of the new legislation on "job placement", did not share the Government's interpretation, taking the view that the Employment Commission should conform to the ILO guidelines.

The Committee takes note of this information. If the Government does not consider the Employment Commission referred to in section 25 of Act No. 95 to perform functions of an advisory committee within the meaning of Article 4 of the Convention, the Committee would be grateful if the Government would indicate, in its next report, how effect is given or is proposed to be given to this Article which provides that "suitable arrangements shall be made through advisory committees 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", that "these arrangements shall provide for one or more national advisory committees and where necessary for regional and local committees" and that "the representatives of employers and workers on these committees shall be appointed in equal numbers after consultation with representative organizations of employers and workers".