Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the Government’s report received in February 2011 in reply to points raised in its previous observations. The Committee notes the adoption of the Employment Exchange Services Proclamation No. 632/2009, which replaces the Employment Agency Proclamation No. 104/1998. The Government reports that the Proclamation was discussed and enriched in a tripartite workshop before its adoption. The Government indicates in its report, as also provided in the preamble to the Employment Exchange Services Proclamation, that the legislation was revised as it became necessary: to clearly define the role of public and private employment agencies in employment exchange; to further promote the rights, safety and dignity of Ethiopians going abroad for employment in pursuance of their qualification and ability; and to strengthen the mechanism for monitoring and regulating domestic and overseas employment exchange services.

Article 8 of the Convention. Protection of migrant workers. In reply to previous comments, the Government indicates that it has devised different mechanisms in order to protect the rights of Ethiopians seeking employment opportunities abroad, such as: verification, approval and registration of contractual agreements against pre-set model working conditions; providing pre departure orientation and counselling services; and providing employment information to potential migrant workers. The Committee notes section 16(4) of the Employment Exchange Services Proclamation, which provides that a private employment agency shall submit the employment contract to the competent authority for approval and registration when it makes a worker available to a third party. The Government also reports that it is establishing an inter-agency national committee comprised of representatives of different ministries and of the Confederation of Ethiopian Trade Unions and the Ethiopian Employers Federation. The Committee notes that one of the listed powers and duties of the national committee, as provided in section 39(2)(c) of the Employment Exchange Services Proclamation, is to conduct studies with a view to concluding bilateral agreements with receiving countries on issues related to employment. The Government indicates that bilateral agreements have been concluded with different countries. The Committee also notes section 31(7) of the Employment Exchange Services Proclamation which provides that the functions of the public employment service shall include monitoring, through the Ethiopian embassies or consular offices, the overseas employment opportunities and protecting the rights, safety and dignity of citizens deployed abroad. The Committee invites the Government to report on the application of the new legislation. The Committee also asks the Government to provide particulars of cases when section 598 of the Criminal Code has been applied to abusive recruiters. It also again requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad.

Article 9. Trafficking of children. The Government indicates in its report that the legislation clearly stipulates that recruitment of children by private employment agencies is prohibited and this provision is ensured by inspectors. The Committee notes in this regard section 16(2)(a) of the Employment Exchange Services Proclamation which provides that a private employment agency which sends workers for employment abroad shall not recruit a job seeker below the age of 18 years. The Committee invites the Government to provide information on the measures taken by inspectors to ensure the application of section 16(2)(a) of the Employment Exchange Services Proclamation in practice.

Articles 11 and 12. Allocation of responsibilities in regard to the protection of migrant workers. The Committee notes section 16(2)(l) of the Employment Exchange Services Proclamation which provides that private employment agencies sending workers for employment abroad have the obligation, among others, to ensure that the worker has acquired the necessary skill for the intended employment abroad and to produce evidence to prove such fact. It also notes section 20(1) of the Employment Exchange Services Proclamation which provides that an employment contract concluded between a private employment agency, which sends workers abroad, and a worker shall fulfil the minimum working conditions laid down in the laws of Ethiopia and shall in no circumstance be less favourable than the rights and benefits of those who work in a similar type and level of work in the country of employment. Section 20(2) of the Proclamation provides that private employment agencies shall be responsible to ensure the rights, safety and dignity of the worker, and section 22 provides that the private employment agency and the third party, the user enterprise or person, shall jointly and severally be liable for violation of the employment contract which makes a worker available locally or abroad to a user enterprise. Furthermore, section 23 provides that any employment agency which deploys workers abroad in accordance with the Proclamation shall, for the purpose of protecting the rights of the workers, deposit a specified fixed amount, depending on the number of workers, as a guarantee. The Proclamation further states that the Government may release the funds provided as guarantee after six months from the termination of the employment contract of the workers sent abroad, unless there is a claim pending connected with the workers’ rights and benefits. The Committee asks the Government to report on the operation of the abovementioned provisions of the Employment Exchange Services Proclamation.

Articles 10 and 14 and Part V of the report form. Complaint procedures, supervision by the competent authorities and statistics. The Government reports that the Ministry of Labour and Social Affairs has established procedures and mechanisms to receive complaints, alleged abuses and fraudulent practices (sections 35(1) and 35(2)(e) of the Employment Exchange Services Proclamation). The Committee requests the Government to report on the type and volume of complaints received, as well as how they are resolved, the number of workers covered by the Convention and the number and nature of infringements reported.

The Committee reiterates its interest in receiving detailed information in the Government’s next report on the measures adopted to apply the provisions of the Convention which are referred to specifically in a direct request. The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2013.]