Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Private Employment Agencies Convention, 1997 (No. 181) - Suriname (Ratification: 2006)

The Government indicates in its report that the Private Employment Agencies Act and the Labour Exchange Act were prepared by a ministerial commission in which representatives of employers and workers were invited to participate. Amendments to the draft legislation were made following discussions in the Labour Advisory Board in 2012 and 2013. The Government indicates that the legislative texts have been submitted to the Council of Ministers for approval. The Committee hopes that the legislative review will soon be completed and requests the Government to report on the developments of the ongoing review of labour legislation and the measures taken to ensure the effective application of the provisions of the Convention set out below. It also requests the Government to provide a general appreciation on the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported (Part V of the report form).

Article 7 of the Convention. Fee-charging private employment agencies. The Committee previously noted that, under section 12 of the Labour Exchange Act (LEA), private employment placement agencies, which charge fees to compensate for their costs, are allowed to operate upon receipt of the permission from the Minister of Labour. The Committee notes that the Government does not intend to exclude any category of workers or specified type of services on the basis of Article 7(2) of the Convention in the two draft laws presented to the Council of Ministers. The Government adds that it intends to make an exception for registration fees, which should be regulated by the Government. Noting that the Government intends to authorize an exception with regard to registration fees that may be charged by private employment agencies, the Committee requests the Government to provide information on the consultations held with organizations of employers and workers in this regard (Article 7(2)). If the exception is authorized, the Committee invites the Government to provide information on the exception and give the reasons therefore (Article 7(3)).

Article 6. Processing of personal data of workers. The Government indicates that the Labour Exchange Act does not provide specific guarantees with regard to the protection of workers’ personal data. It adds that the draft amendments to the Labour Exchange Act include specific provisions in this regard, taking into account Article 6 of the Convention. The Committee hopes that the legislative review will soon be completed and requests the Government to provide updated information on the manner in which full effect is given to Article 6.

Article 10. Machinery and procedures for the investigation of complaints. The Government reiterates that infringements of the provisions of the Labour Exchange Act can be reported to the labour inspectorate. During routine inspections the labour inspectorate can detect infringements of the law also. Labour inspectors have the authority to instruct the agencies to bring their company procedures in line with the law within a certain time frame. Depending on the seriousness of the infringement, the labour inspectors can also recommend the imposition of a fine or imprisonment. These recommendations are executed by the Office of the Public Prosecutor and impositions are sanctioned by the judge in court of law. The Committee invites the Government to provide further information on the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies and how the most representative employers’ and workers’ organizations are involved in this process, including information from the labour inspectorate.

Articles 11 and 12. Protection for the workers employed and the responsibilities of the user enterprises. In reply to the previous comments, the Government indicates that the protection of workers employed by temporary employment agencies is incomplete with regard to the services mentioned in Article 1(1)(a) of the Convention. It indicates that amendments to the Labour Exchange Act intend to complete the protection in line with the Convention. With regard to services referred to in Article 1(1)(b), the draft Private Employment Agencies Act intends to make the agency responsible for the wages, including minimum wages. The Committee notes the detailed information provided by the Government on the manner in which draft legislation allocates responsibilities between private employment agencies and the user enterprises. While maternity protection and benefits and parental protection are not yet covered in legislation, they will be under the agency’s responsibility, and not the user enterprise’s. The agency and the user enterprise will have joint responsibility with regard to occupational safety and health. The Government adds that there are no specific provisions in existing or draft legislation in relation to access to training. The Committee hopes that the legislative review will soon be completed and will include provisions on workers’ access to training (Article 11(f) and Article 12(e)). It requests the Government to provide updated information on the manner in which full effect is given to the matters listed in Articles 11 and 12 of the Convention.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that there are no legislative provisions concerning the cooperation between the public employment service and private employment agencies. It adds that the draft amendments to the Labour Exchange Act and the Private Employment Agencies Act contain specific provisions to enhance cooperation. The Committee hopes that the legislation will soon be adopted and that it will be in a position to examine information on the application of Article 13, in both law and practice, in the Government’s next report.

[The Government is asked to reply in detail to the present comments in 2016.]