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

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

The Committee refers to its observation and notes the Government’s report received in February 2011 in reply to points raised in its 2006 direct request. The Committee notes the adoption of the Employment Exchange Services Proclamation No. 632/2009.

Article 4 of the Convention. Measures to ensure the right to freedom of association. The Government once again reiterates that the right to freedom of association and the right to bargain collectively are clearly stated in section 31 of the Constitution and section 13 of Labour Proclamation No. 377/2003. The Committee notes section 20(2) of the Employment Exchange Services Proclamation which provides that private employment agencies shall be responsible to ensure the rights, safety and dignity of the worker. The Committee once again refers to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and asks the Government to specify the measures taken to ensure that workers recruited by private employment agencies are not denied the right to freedom of association and the right to collective bargaining.

Article 5(1). Measures to promote equality. The Government indicates that discrimination on any basis is prohibited by law and refers to the Constitution, the Labour Proclamation and the Employment Exchange Services Proclamation. The Committee once again refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and asks the Government to indicate the measures taken to ensure that private employment agencies operating overseas or domestically treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin or any other ground of discrimination covered by national law and practice, such as age or disability.

Article 6. Protection of personal data. The Government states that personal data of workers recruited by private employment agencies are protected by law. The Government refers to a directive supplementing the implementation of the Employment Exchange Services Proclamation. The Committee asks the Government for a copy of the directive and information on the manner in which workers’ personal data are protected in practice.

Article 7. Fee charging. The Government indicates that the Employment Exchange Services Proclamation prohibits private employment agencies from charging any fee directly or indirectly from workers. The Committee notes that section 25(1)(b) of the Proclamation provides that it is unlawful for a private employment agency to charge a worker payments in cash or in kind other than provided for in section 15(2) of the Proclamation. Section 15(2) provides that a worker shall be responsible to cover the costs of: issuance of passport; authentication of documents within the country; medical examination; vaccination; birth certificate; skill testing; and certificate of clearance for any crime. Section 15(4) further provides that unless a worker fails to be deployed for work for a reason attributable to himself or herself, the agency shall refund all the worker’s expenses referred to in section 15(2). The Committee therefore notes that the Government has made use of the flexibility device for payment of costs in relation with the workers abroad. It requests the Government to report on the application of these provisions of the Employment Exchange Services Proclamation in practice, and to provide more detailed information on the costs of skill testing.

Articles 11 and 12. Allocation of responsibilities with regard to the protection of workers. The Committee notes that the Employment Exchange Services Proclamation is applicable to any Ethiopian going abroad for employment (section 3(1)). With regard to workers recruited in Ethiopia to work in Ethiopia, the Committee asks the Government to provide detailed information on the measures taken, in accordance with national law and practice, to ensure protection for workers employed by private employment agencies with a view to making them available to a third party, in relation to each of the areas covered in Article 11 and to describe the way in which responsibilities are allocated between private employment agencies and user enterprises in each of the areas covered in Article 12.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes section 16(1)(a) of the Employment Exchange Services Proclamation which provides that a private employment agency shall have the obligation to prepare and submit for approval to the competent authority a procedure regarding the recruitment and registration of jobseekers before work may commence. Furthermore, section 19 provides that a private employment agency shall submit reports to the Ministry of Labour and Social Affairs every three months regarding its foreign exchange earnings transferred to domestic banks. The Committee reiterates its interest in receiving information on the areas of cooperation between the public employment service and private employment agencies (Article 13(1)). Please also supply examples of the information provided to the Ministry of Labour and Social Affairs by the private employment agencies and specify the information that is made publicly available annually (Article 13(3) and (4)).

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