Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Côte d'Ivoire (Ratification: 1992)

Part III of the Convention. Articles 13 and 14. Regulation of fee-charging employment agencies. The Committee notes the information provided by the Government, including the list of 140 approved employment agencies on the technological platform of the Youth Employment Agency, as well as the statistics provided on applications for employment, vacancies and the persons placed in employment by fee-charging employment agencies. It also notes the information provided by the Government on the procedure established for the regular supervision of the activities of fee-charging employment agencies. With regard to the application of the Convention, the Government refers to the legislative measures and administrative practices adopted, including the organization of periodic meetings for the exchange of information with employment offices on regulation, with regular information outlining the limits of the scope of their activities. It also refers to the provisions of Decree No. 96-193 of 7 March 1996, which provide for means of supervision of fee-paying agencies, the enforcement of which in case of violation may give rise to administrative and criminal penalties, as provided for in sections 21 and 22 of Decree No. 96-193. With regard to the impact of the measures taken, the Government mentions, inter alia, the involvement of office managers in the implementation of employment and internship projects, as priority partners of the Youth Employment Agency in the context of the outsourcing of its activities. With regard to the regular supervision of the activities of fee-charging employment agencies, the Government indicates that supervision by the Youth Employment Agency is minimal, despite the fact that labour and social laws inspectors are in place. These inspectors are assigned specifically to the supervision of the employment of non-Ivorian workers. The Government adds that joint supervision involving General Labour Directorate labour inspectors and Youth Employment Agency labour inspectors should be considered for improved results. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supervision of the activities of fee-paying employment agencies by General Labour Directorate labour inspectors and Youth Employment Agency labour controllers and to extend such supervision beyond the area of the employment of non-Ivorians. It further requests the Government to include in its next report practical information on the measures adopted by the competent authority to supervise the activities of the employment agencies covered by the Convention, indicating whether the courts have given decisions involving questions of principle relating to the application of the Convention and providing a summary of inspection reports, information on the number and nature of violations detected and any other particulars bearing on the practical application of the Convention (Article 14 of the Convention and Parts IV and V of the report form).

Revision of Convention No. 96. The Committee recalls that the Governing Body of the ILO (at its 337th Session in October 2019), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), classified Convention No. 96 as being in the category of instruments that are no longer up to date and placed an item on the agenda of the International Labour Conference in 2030 (119th Session) for due consideration to be given to its abrogation. The Committee recalls that the Governing Body of the ILO, at its 273rd Session in November 1998, invited the States parties to Convention No. 96 to contemplate the possibility of ratifying, if appropriate, the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Recalling that the ratification and application of Convention No. 181 would contribute to strengthening vigilance with regard to the activities of private employment agencies and the protection of workers, the Committee encourages the Government to follow up on the decision adopted by the Governing Body at its 337th Session (October 2019) approving the recommendations of the SRM TWG and to consider ratifying the Private Employment Agencies Convention, 1997 (No. 181), which is the most up-to-date instrument in this subject area.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.