Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Employment Service Convention, 1948 (No. 88) - Aruba

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2003 direct request, which read as follows:

The Committee notes the detailed report supplied by the authorities of Aruba, received in November 2002, which includes observations made by the Federation of Workers of Aruba (FTA) and the Union of Public Employees of Aruba (SEPA), as well as the reply of the authorities. It recalls that the Government of the Netherlands declared, in January 1986, that, in view of local conditions, the obligations of Convention No. 88 will be applied to Aruba with the exception of Articles 4, 5, 6, paragraph (d), and 8.

Articles 1 and 2 of the Convention. The report indicates that according to the law, only the Department of Labour has the lawful authority to mediate between employers and applicants for a job. Two employment offices in Aruba are privately owned companies specializing in temporary manpower for locals. Some 30 consultancy businesses are engaged in job mediation for temporary employment for foreign workers. The authorities tolerate the operation of both the temporary manpower and consultancy businesses. Referring to Article 2 of the Convention, the FTA claims that there are more than two temporary manpower companies and in their view they are illegal. The authorities state that the employment services companies are tolerated because they place workers in employment. The Committee recalls that the essential duty of the free employment service shall be to ensure, in cooperation where necessary with other public and private bodies concerned, the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment (Article 1 of the Convention). It would appreciate receiving further details of the powers and function of the authority responsible for the direction of the system of the free public employment service. With regard to the cooperation of the public employment service and private employment agencies, as well as the adequate protection for the workers concerned, the authorities of Aruba might consider it useful to examine the instruments on private employment agencies adopted by the Conference at its 85th Session (June 1997). In this respect, the Committee recalls that Convention No. 181 was ratified by the Netherlands in September 1999.

Article 7. The Committee notes that SEPA has expressed reservations with regard to compliance with this Article because of the plans of the authorities for a reorganization of the Labour Department. The Committee trusts that the authorities will provide particulars concerning the arrangements made to give effect to this Article, including the occupations, industries and special categories of applicants for which specialized arrangements have been made, such as persons with disabilities.

Part IV of the report form. SEPA points out that only 118 persons out of 979 who were sent for job vacancies were placed in employment. The Committee notes the statement by the authorities indicating that, with the recent introduction of a computerized registration system, it hopes to further comply with the request for statistical information for the next reporting period.