Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Malta (Ratification: 1988)

Part III of the Convention. Regulation of fee-charging employment agencies. Revision of Convention No. 96. The Committee notes the Government’s report received in May 2013 which includes information in reply to the matters raised in the 2010 direct request and a copy of the Employment Agencies Regulations 1995, as amended by Legal Notices Nos 96 and 424 of 2007, 540 of 2010 and 426 of 2012. The Government indicates that the Employment Agencies Regulations does not differentiate between fee-charging employment agencies conducted with a view to profit and those not conducted with a view to profit. The Committee further notes the Government’s statement indicating that all employment agencies are debarred from charging any fees to applicants for employment. In this regard, the Committee notes section 10(1) of the Employment Agencies Regulations which provides that no payments or charges shall be demanded or levied on any applicant for employment in consideration of such employment or in consideration of registration thereof. Section 10(2) provides that no deductions shall be made from the wages of any employee for any services rendered by an employment agency or employment business. The Committee refers to its 2010 General Survey concerning employment instruments in which it recalled that public employment services and private actors are both actors in the labour market and that their common aim is to contribute to a well-functioning labour market and the achievement of full employment. With regard to countries, such as Malta, that have ratified the Employment Service Convention, 1948 (No. 88), and accepted Part III (Articles 10–14) of Convention No. 96, the Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), is more specific and takes into account newer developments in the sector and national circumstances (General Survey, op. cit., paragraph 728). The Committee hopes that the Government and the social partners will consider adhering to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. The Committee also invites the Government to provide in its next report a general appreciation of the manner in which the Convention is applied, including extracts from official reports, information regarding the number and nature of the contraventions reported, and any other particulars bearing on the practical application of Convention No. 96 (Part V of the report form).