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

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Egypt (Ratification: 1960)

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee recalls that in the report received in August 2005 on the application of the Convention, the Government stated its commitment to Part II, the progressive abolition of fee-charging employment agencies, since no private fee-charging employment agencies conducted with a view to profit existed in the country. The Committee notes that, in the report received in August 2010 in reply to the 2005 direct request, the Government indicates that the private sector was authorized to participate in the recruitment of Egyptian workers inside the country. Although directly charging workers mediated into employment was prohibited, it was possible to deduct 2 per cent of their wages for the first year of employment. The Government indicates that this deduction is considered an administrative fee. The Committee notes that 44 agencies have been granted permits to recruit Egyptians for work within and outside the country and additionally about 593 agencies exist that are operative and making profits. The Committee notes that the measures announced by the Government in the report received in August 2010 are not giving effect to the provisions of Part II as accepted by Egypt on the ratification in 1954. It further notes that its General Survey of 2010 on employment instruments recalled that public employment services and private agencies are both actors in the labour market. They should therefore mutually benefit from cooperation as their common aim is to ensure a well-functioning labour market and the achievement of full employment. In Chapter III of the General Survey, the Committee noted that, if private employment agencies operate in a particular labour market, this operation has to be regulated. Therefore, governmental action is required, either directly through a system of legislation, licensing or certification or, indirectly, by authorizing an existing national practice or one that is to be established (General Survey, op. cit., paragraphs 237 et seq.). In its previous comments on the application of Convention No. 96, the Committee has already highlighted the role that the Private Employment Agencies Convention, 1997 (No. 181), and the Private Employment Agencies Recommendation, 1997 (No. 188), play in the licensing and supervision of placement services for migrant workers and the role that Convention No. 181 attributes to private employment agencies for the functioning of the labour market (General Survey, op. cit., paragraph 730). Taking into account that the present situation is not in conformity with the provisions of Convention No. 96, the Committee hopes that the Government will be soon in a position to adhere to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. It invites the Government to report on steps taken, in consultation with the social partners, to ratify Convention No. 181.

[The Government is asked to reply in detail to the present comments in 2011.]