Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the Government’s report received in November 2009, which contains replies to the matters raised in the direct request of 2004, specifically in connection with Article 12 of the Convention. In this regard, the Government explains that private employment agencies are recruitment bodies and therefore it is the user enterprises (whether natural or legal persons) which assume the responsibilities referred to in Article 1(1)(b) of the Convention. The Committee requests the Government to include in its next report extracts from inspection reports and information on the number of workers protected by the Convention and on the number and nature of infringements recorded in relation to the activities of private employment agencies (Part V of the report form).

Article 6. Protection of personal data. The Government indicates that no other measures were adopted with a view to ensuring the protection of the processing of workers’ personal data by private employment agencies. The Committee notes that the provisions of the Labour Code and Executive Decree No. 105 of 1996 are still in force. The Committee invites the Government to refer to paragraph 318 of the General Survey of 2010 on employment instruments and hopes that it will supply information in its next report on the manner in which the national legislation specifically provides for the processing of workers’ personal data.

Article 10. Complaints. The Government reiterates that there are no procedures for cooperation with the social partners in order to examine complaints relating to the activities of private employment agencies. The Government also states that 104 operating licences were granted to private employment agencies between 2004 and 2009. The Committee again requests the Government to supply information in its next report on the manner in which it is ensured that complaints, alleged abuses and fraudulent practices relating to the activities of private employment agencies are examined.