Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Employment Service Convention, 1948 (No. 88) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. The Committee notes the information provided in the report received in June 2011 in reply to the points raised in its 2007 observation. The Government indicates that the National Employment Office (ONEM), established in 2002, operates in five provinces out of 11 and that the extension of the ONEM to the remaining six provinces is being undertaken progressively. It adds that, in collaboration with private agencies, the ONEM organizes the employment market in terms of information, guidance, jobsearches, training and the placement of jobseekers. The Committee invites the Government to indicate in its next report the progress achieved by the ONEM in ensuring the effective operation of a free public employment service. It hopes that the Government will be in a position to provide the data requested in Part IV of the report form on the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by such offices.

Article 3. Establishment of regional offices. The Government indicates that the delay that has occurred in the extension of the ONEM over the whole of the territory is related to the financial difficulties arising in its operation, but that other means of registration have been established to enable jobseekers to have access to placement services. The Committee invites the Government to provide information in its next report on the establishment of a sufficient number of provincial directorates of the ONEM and on the other means of registration referred to by the Government to respond to the needs of employers and workers in each of the geographical regions of the country.

Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the decree establishing the ONEM provides for the participation of employers and workers on its administrative board. Although the board is not yet operational, the ONEM has concluded partnership agreements with the Enterprise Federation of the Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium sized Enterprises (COPEMECO). The Committee invites the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM, FEC, ANEP and COPEMECO result in effective cooperation with employers and workers in the organization and operation of the employment service and in the development of employment service policy.

Article 11. Cooperation with private agencies. With reference to its previous comments, the Committee notes with interest that Ministerial Order No. 12/CAB.MIN/ETPS/062/08 of 18 September 2008 establishes the conditions for the opening, approval and operation of private employment agencies. The Government indicates that this Order gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies. Under the terms of the Order, the ONEM has authorized the operation of approximately 20 private agencies, with which it holds periodic meetings to assess the level of placement carried out and to remedy weaknesses. The Committee observes that the Order is closely inspired by the provisions of the Private Employment Agencies Convention, 1997 (No. 181). It draws the Government’s attention to the fact that Conventions Nos 88 and 181 are mutually complementary. In its 2010 General Survey concerning employment instruments, the Committee emphasized that cooperation between public employment services and private employment agencies was necessary for the operation of the labour market and the achievement of full employment. Together with the Employment Policy Convention, 1964 (No. 122), and Convention No. 181, the institutions envisaged by Convention No. 88 form a necessary building block for employment growth (see paragraphs 785–790 of the General Survey). The Committee invites the Government to provide information in its next report on the collaboration between the ONEM and private employment agencies. It also invites the Government to include information on the measures adopted to strengthen the institutions necessary for the achievement of full employment.