Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 6 and 7 of the Convention. Protection of personal data. Fees and costs. The Government indicates in its report that the Employment Exchange Services Proclamation No. 632/2009 is being revised and that the corresponding directive will follow suit. With regard to fee charging and costs, the Government states that the abovementioned Proclamation specifies the types of costs to be borne by employers and workers. Although not yet applied, the Proclamation clearly mentions that, among the costs to be paid, workers shall be responsible for costs relating to skill testing. The Committee requests the Government to provide information on the progress made on the revision of the Employment Exchange Services Proclamation No. 632/2009 and its corresponding directive. The Government is also requested to indicate whether the revised legislation will affect the application of the Convention, including the exceptions currently permitted under Article 7 of the Convention, and which employers’ and workers’ organizations were consulted in this regard. The Government is requested to provide information on the reasons authorizing the exception, in the interest of the workers concerned, as contemplated in Article 7(2) of the Convention, to the principle that agencies should not charge fees or costs to workers, which would permit charging for skills assessments as well as information on the corresponding measures of protection.

Articles 8 and 9. Protection of migrant workers and allocation of responsibilities. Child labour. The Government states that about 182,283 Ethiopian migrant workers (7,261 men and 175,022 women) placed in employment in the Middle East in 2012–13 were covered by the Convention. It further states that, with regard to the bilateral labour agreements concluded with Kuwait, Jordan and Qatar, consultations are still ongoing towards their application. The Committee once again requests the Government to indicate whether investigations have been launched against abusive recruiters, in accordance with section 598 of the Criminal Code. It also requests the Government to provide information on progress made in the application of bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad. With regard to the recruitment of minors in a cross-border context, the Committee once again requests the Government to provide updated information on the measures taken to ensure that child labour is not used or supplied by private employment agencies.

Articles 11 and 12. Adequate protection and allocation of responsibilities. The Government indicates that protection in the sense of Article 11 of the Convention and the respective allocation of responsibilities in the sense of Article 12 for workers recruited for work abroad shall be ensured through a model employment contract developed based on Proclamation No. 632/2009. The model contract includes provisions on minimum wage, regular working hours, rest days and holidays, place of employment, duration of contract, transportation clauses, employment injury, emergency medical care, and grounds for contracts termination. The Government indicates, however, that the use of model contracts remains a challenge as it requires bilateral labour agreements. The Committee requests the Government to provide detailed information on the impact of the measures taken to ensure protection for workers, in particular migrant workers, in relation to each of the areas covered by Article 11 of the Convention and how responsibilities are allocated between private employment agencies and user enterprises in accordance with Article 12. It also requests the Government to provide a copy of the model contract and updated information on its effective use.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that periodic consultations are held between the public employment service and private employment agencies which mainly focus on the application of and compliance with Proclamation No. 632/2009, the labour laws, as well as the Convention, and aim to exchange labour market information to ensure complementarities of employment services between the two bodies. In addition, private employment agencies submit initial and periodic progress reports to the Ministry of Labour and Social Affairs on the status of Ethiopian migrant workers employed abroad, and foreign currencies earned and transferred by private employment agencies to Ethiopian banks. The Committee requests the Government to continue to provide information on the cooperation between the public employment service and private employment agencies. It also requests the Government to provide extracts of the reports submitted by private employment agencies to the Ministry of Labour and Social Welfare and to specify the information that is made publicly available.

Articles 10 and 14. Complaint procedures and supervision by the competent authorities. The Committee notes that about 1,296 complaints were received in 2014–15, out of which 816 were settled through conciliation and 480 cases are still pending. The Committee requests the Government to continue to provide information on the type and number of complaints received and how they were resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in case of violations of the Convention.

[The Government is asked to reply in full to the present comments in 2018.]