Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Private Employment Agencies Convention, 1997 (No. 181) - Belgium (Ratification: 2004)

The Committee notes the report received in November 2010 in reply to its direct request of 2008. The authorities of the Brussels-Capital Region, the Flemish Region and the Walloon Region have provided full and detailed information on the activities of private employment agencies and the inspections carried out of private employment agencies, as well as statistical data on the number of private employment agencies registered, approved or authorized and the number of workers registered with private employment agencies. The Committee also notes the Decree of 11 May 2009 on the approval of temporary work agencies and the supervision of private employment agencies adopted by the German-speaking Community. It further notes that, according to the contribution to the report by the Brussels-Capital Region, the rise in the activities of reorientation services is likely to continue in view of the financial and economic crisis and the wave of enterprise reorganizations and dismissals experienced by the country. The Committee trusts that the next report will contain updated information on the manner in which the Convention is applied in the four entities of the country.

Article 2(4) of the Convention. Prohibitions and exclusions. In reply to its previous comments, the Committee notes that the authorities of the Brussels‑Capital Region and the Flemish Region have not availed themselves of the exclusions authorized by this provision of the Convention. The Committee once again hopes that, if the authorities of the four regions concerned avail themselves of the prohibitions or exclusions envisaged in paragraph 4, they will provide the information required by paragraph 5.

Article 5(2). Special services to assist the most disadvantaged workers. The Committee notes that in the Brussels-Capital Region temporary social offices under public–private partnerships have been established since 2006 to provide assistance in finding work for a more vulnerable clientele of jobseekers. It also notes the operation in the Flemish Region of a temporary social agency, “Instant A”, the objective of which is to find work rapidly for persons aged between 16 and 30 years in categories that are at risk. The Committee hopes that updated information will be provided in the next report on special services or programmes specially designed by private employment agencies in the various entities of the country to assist the most disadvantaged workers, with particular reference to women and ethnic minorities, in their job-seeking activities and on the results achieved by these services and programmes.

Article 7(3). Authorization of exceptions to the principle of not charging workers any fees for the services provided by private employment agencies. In reply to the previous direct request, the Government of the Brussels-Capital Region indicates that it has not availed itself of the exceptions authorized by this provision of the Convention. In the Walloon Region, section 10(2) of the Decree of 3 April 2009 on the registration and approval of employment agencies provides that a registered employment agency may accept or request any fee from the worker with her or his prior written agreement in the following cases: (a) where it provides job-search services, on condition that the fees are determined in an agreement concluded between the registered employment agency and the worker; and (b) where it consists of a registered agency for the employment of performers or paid sportsmen and women, on condition that: (1) the fee is determined in an agreement concluded between the registered employment agency and the worker, with the requirement for the agreement to contain a cancellation clause; (2) the worker receives a copy of the agreement; and (3) the fee is calculated on the basis of either a percentage of the gross earnings of the applicant, or a fixed flat rate amount. In the German-speaking Community, section 11(16)(3) of the Decree of 11 May 2009 on the approval of temporary work agencies and the supervision of private employment agencies provides that, following the opinion of the Economic and Social Council, the Government may, in the interests of the workers concerned and with a view to improving the matching of job vacancies and applications, determine categories of workers for whom the private employment agency may accept or request any fee from the worker based on the prior written agreement of the latter. The Committee hopes that the next report will contain updated information on the exemptions authorized under Article 7(2) of the Convention in each of the various entities of the country, and the use made in practice of these exemptions.

Article 8. Measures to provide adequate protection for workers and to prevent abuses and fraudulent practices in respect of recruitment, placement and employment. In reply to the previous direct request, the Brussels-Capital Region indicates that no bilateral agreement has been concluded for the protection of migrant workers in respect of recruitment, placement and employment. The Committee hopes that the next report will contain updated information on the impact of the measures taken to ensure adequate protection for and to prevent abuse of migrant workers recruited or placed by private employment agencies. Please also indicate whether bilateral agreements are envisaged, particularly with countries that are not members of the European Union, with a view to protecting migrant workers in relation to their recruitment, placement and employment.