Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Malta (Ratification: 1988)

Part III of the Convention. Regulation of fee-charging employment agencies. In its 2017 comments, the Committee requested the Government to provide information on the measures taken or envisaged to give effect to Part III of the Convention, including penalties imposed in the event of violations, the number of inspections conducted and the types of violations identified. In its response, the Government indicates that employment agencies are regulated by Part V of the Employment and Training Services Act 1990 and the Employment Agencies Regulations. The Government adds that the penalties which may be imposed for violations of the Employment Agencies Regulations include fines, refusal of applications and revocation of licences. Noting that the Government has not provided information with respect to the development or implementation of any measures taken to give concrete effect to the main requirements of Part III of the Convention, the Committee reiterates its request that the Government provide information on all measures taken to ensure the full application of the Convention, including measures adopted to supervise the activities of fee-charging employment agencies, the number and nature of the contraventions reported and the penalties imposed.

Revision of Convention No. 96. Noting that the Government has provided no information in response to the Committee’s previous comments, the Committee once again recalls that, with regard to countries such as Malta that have ratified the Employment Service Convention, 1948 (No. 88), and accepted Part III (Articles 10–14) of Convention No. 96, Convention No. 181 is more specific and takes into account newer developments in the sector and national circumstances (see General Survey on the employment instruments, 2010, paragraph 728). The Committee further recalls that at its 273rd Session in November 1998, the ILO Governing Body invited those States parties to Convention No. 96 to contemplate ratifying Convention No. 181, as appropriate. The Committee once again expresses the hope that the Government and the social partners will consider the possibility of ratifying Convention No. 181, the ratification of which would lead to the immediate denunciation of Convention No. 96.