Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Private Employment Agencies Convention, 1997 (No. 181) - Ethiopia (Ratification: 1999)

The Committee refers to its 2006 observation and asks the Government to also include in its next report detailed information on the following issues already raised in its 2003 direct request.

1. Measures to ensure the right to freedom of association. The Government indicates that the right to freedom of association and the right to bargain collectively are clearly stated in the labour law. The Committee refers to its 2005 observations on the application of Conventions Nos. 87 and 98 in Ethiopia and asks the Government to specify the measures taken to ensure that the workers recruited by private employment agencies in Ethiopia are not denied the right to freedom of association and the right to collective bargaining. Please also indicate the progress made in ensuring that the workers recruited by private employment agencies to work abroad are not denied those fundamental rights (Article 4 of Convention No. 181).

2. Measures to promote equality. The Government indicates that directives have been issued by the competent authority to require private employment agencies to treat workers without discrimination on the basis of race, colour, sex, religion and political opinion. The Committee recalls its comments on the application by Ethiopia of Convention No. 111 and asks the Government to indicate the measures taken to ensure that overseas private employment agencies and domestic private employment agencies operating in Ethiopia 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 (Article 5, paragraph 1, of the Convention).

3. Processing of personal data. The Government reiterates that workers’ personal data are secured and treated separately within the Ministry of Labour and employment agencies. The Committee asks for further information on the manner in which workers’ personal data are protected, within the meaning of Article 1, paragraph 3, and Article 6 of the Convention.

4. Fee charging. The Government indicates in its report that according to the Private Employment Agencies (PEA) Proclamation No. 104/1998 there are no categories of workers and type of service for which private employment agencies can charge a fee directly or indirectly. The Committee understands that overall illegal fee charging of workers is practiced by some agencies. Some private employment agencies have requested legislative amendments in order to allow fee charging, and that the issue has also been discussed by representatives of the Government and of the social partners, as well as with other stakeholders. The Committee refers 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. Complaints. The Government reports that the competent authority has the power to enter the premises of any private employment agency during any working hour without prior notice to examine or request relevant documents. The Committee invites the Government to arrange a mechanism that will allow the social partners to play a more substantial role than their current contribution in relation to the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies. In order to examine the practical effect given to the provisions of Articles 10 and 14, it 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. Protection of workers employed by private employment agencies. The Government indicates in its report that, according to the labour law of the country, workers are adequately protected in the areas described in Article 11. 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.

7. Responsibilities of private employment agencies and of user enterprises. In its report, the Government states that, according to the law, the private employment agency and the third party (the employer) shall jointly be responsible or liable for areas described in Article 12. In its previous comments, the Committee noted the provisions of sections 15 and 17 of the PEA Proclamation. It requests the Government to describe in more detail the way in which responsibilities are allocated between private employment agencies and user enterprises in each of the areas described in Article 12.

8. Cooperation between the public employment service and private employment agencies. The Committee recalls that Ethiopia has ratified Convention No. 88 and that, under Convention No. 181, the public authorities retain final authority for formulating labour market policy (Article 13, paragraph 2). It reiterates its interest in receiving information on the measures taken or envisaged to promote cooperation between the public employment service and private employment agencies (Article 13, paragraph 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 and the intervals at which this is done (Article 13, paragraphs 3 and 4).

[The Government is asked to reply in detail to the present comments in 2008.]