Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Senegal (Ratification: 1962)

The Committee notes that the Government’s report in reply to its 2007 observation has not been received.

Regulation of fee-charging employment agencies. Articles 10–14, Parts III and V of the Convention. The Committee noted the observations made by the National Confederation of Employers of Senegal (CNES) and the National Confederation of Workers of Senegal (CNTS) on the 2006 Government report. To remedy the abuses, the CNTS requested the Government to establish rules governing the operation of employment agencies, in particular definitions of employers in connection with the protection of workers. Based on the information provided by the Government in the questionnaire for the General Survey on employment (2010), the Committee notes that the procedure for the adoption of the decree defining the obligations of employment agencies and the protection of workers employed by temporary work agencies under section L226 of the Labour Code is still ongoing and that the country would appreciate assistance from the Office for the application of the decree once adopted. The Committee requests the Government to provide a copy of the decree when adopted, as well as information on other regulations on fee-charging employment agencies and on the manner in which the Convention is applied in practice including, for instance, extracts from official reports. It further requests the Government to indicate any other measure taken to regulate all fee-charging agencies and ultimately to abolish fee-charging agencies conducted with a view to profit.

Revision of Convention No. 96. The Committee notes the Government’s statement that the issue of the ratification of the Private Employment Agencies Convention, 1997 (No. 181), is being examined. The Committee recalls that Convention No. 181, which takes into account the flexibility in the operation of labour markets, is the most up to date standard on the role and operation of private employment agencies and it again invites the Government and the social partners to examine the possibility of ratifying Convention No. 181, which would result in the immediate denunciation of Convention No. 96.