Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Employment Service Convention, 1948 (No. 88) - Angola (Ratification: 1976)

The Committee notes the observations of the National Union of Angolan Workers–Trade Union Confederation (UNTA–CS), received on 12 December 2016, on the persistence of violations of the Convention in practice. The Committee requests the Government to provide its comments in this regard.

Article 1 of the Convention. Contribution of the employment service to employment promotion. Application in practice. In its previous comments, the Committee asked the Government to provide a report containing the available statistical data. The Committee notes that the Government has not provided any information in this respect. The Committee once again requests the Government to provide a report containing the available statistical information on the number of public employment offices established, the number of applications for employment received, vacancies notified and persons placed in employment by such offices.

Articles 4 and 5. Cooperation with the social partners. The Committee notes that the Advisory Committee for Employment, established by Decree No. 5 of 7 April 1995, is a tripartite advisory body that works in cooperation with the Ministry of Public Administration, Labour and Social Security (MAPTSS), through the National Institute of Employment and Vocational Training (INEFOP). It also notes that the inter-ministerial committee for the training of human resources for the national economy, a ministerial body responsible for the formulation of the comprehensive employment and vocational training policy, created by Decree No. 51 of 17 August 2001, is composed of representatives of various ministries, workers’ and employers’ representatives and, at the invitation of the Vice-Chairperson, any other member of civil society. The Committee requests the Government to provide information on the manner in which it is ensured that the social partners can actively participate in the development and implementation of the employment service policy, as well as information on the structuring, functioning and objectives of the various committees, the cooperation established between them and the impact of their policies.

Article 6. Organization of the employment service. The Government indicates that the national employment system consists of central services and 18 vocational services located throughout the country that include employment centres, integrated employment centres and vocational training centres. The Government adds that a network has been established of 36 employment centres, 11 of which are integrated centres, in 18 provinces. This network is supplemented by training and vocational rehabilitation mechanisms, as well as by various activities carried out by public and private training centres and private employment agencies. The Committee requests the Government to provide detailed information on the functioning of these centres and the activities undertaken to ensure the effective performance of the functions listed in the Convention. It also requests the Government to continue providing information on the number of employment centres, integrated employment centres and vocational training centres.

Article 7(b). Public service action for persons with disabilities and other groups in a vulnerable situation. The Government indicates that article 23(1) of the Constitution of 2010 provides for equality before the law, that recruitment in employment centres is not conducted on the basis of special categories and that their services are available to all jobseekers, without any distinction. Moreover, the Committee notes the observations of the UNTA–CS, indicating that although, in recent years, several women have been appointed to senior executive and legislative positions, a large proportion of women continue to face blatant gender discrimination in employment, particularly during pregnancy, that women continue to work in poorly paid jobs in the informal economy and the domestic sector, and that they are often victims of sexual and psychological harassment in the workplace. The Committee recalls that Article 5 of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), establishes that special measures of protection or assistance provided for in other Conventions or Recommendations adopted by the International Labour Conference shall not be deemed to be discrimination. Moreover, the Committee recalls that the public employment service should take measures to develop special arrangements for the placement of minors, persons with disabilities and women (see Paragraph 4(b) and (c) of the Employment Service Recommendation, 1948 (No. 83)). The Committee requests the Government to provide information on the measures taken to give effect in practice to Article 7(b) of the Convention, and particularly on the special measures of protection or assistance in the employment service that are available to persons with disabilities and other groups in a vulnerable situation, particularly women.

Article 8. Measures to assist young persons. The Committee notes the integration and training programmes for young persons who are in a situation of vulnerability due to unemployment, inaptitude, socio-economic situation and low level of education. It also notes that, for young entrepreneurs, the Government has created enterprise incubator programmes, credit programmes and programmes to promote self-employment, independent work and micro-enterprises in the informal economy. The Committee further notes that the Government has created employment programmes for other groups in a vulnerable situation, such as women, young persons with a low level of education who are seeking their first job, recent young graduates, demobilized soldiers, young persons living in the streets and young persons living in remote areas. Lastly, the Committee notes the observations of the UNTA–CS, indicating that young persons without any work experience have difficulty securing their first job, that there have been cases of nepotism and corruption in the recruitment of public employees, and that in the private sector certain enterprises select candidates on the basis of their family name and social origin. Taking due note of the various types of training and integration programmes implemented by the Government to assist young persons, the Committee requests the Government to provide up-to-date statistical data on the number of young persons who have participated in these integration and training programmes, as well as relevant data on the impact of such programmes in securing lasting employment.

Article 9(4). Proposed measures to provide training or further training for employment service staff. The Government indicates that workers in the employment service are public employees governed by Decree No. 33 of 26 July 1991 on the disciplinary rules governing public and administrative officials. These workers are recruited on the basis of a competition, as well as the needs of the MAPTSS. In this respect, the Committee notes that these employees receive training in accordance with the needs of the state administration services, the business sector and other private entities. The Committee requests the Government to provide information on the manner in which it is ensured that employment service staff have the necessary skills to carry out the duties set forth in the Convention and have been adequately trained for the performance of their duties, especially for their activities concerning disadvantaged groups.

Article 10. Measures to encourage full use of employment service facilities. The Government indicates that it is promoting, in collaboration with the social partners, various vocational training programmes through advertisements in several communication media, such as official government websites, and in vocational training centres, schools and universities. The Committee requests the Government to provide information on the manner in which it ensures the participation of the social partners in this process and the results.

Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that Angolan legislation allows the coexistence of, and collaboration between, the public employment service and private agencies, which facilitates the joint creation of vocational orientation and vocational training programmes. With respect to private employment agencies, the Committee notes that they may register, select and place jobseekers. However, they are obliged to: provide monthly statistical data on applications for employment, offers of employment and placements to the employment centre in their area of jurisdiction; cooperate with public employment centres; and participate in meetings organized by the public employment services. The Committee requests the Government to indicate the specific measures that have been taken to guarantee effective cooperation between the public employment service and private employment agencies, and to provide statistical data on private employment agencies.