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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee recalls that the Governing Body of the ILO (at its 337th Session in October 2019), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), classified Convention No. 96 as being in the category of instruments that are no longer up to date and placed an item on the agenda of the 119th Session of the International Labour Conference in 2030 for due consideration to be given to its abrogation. The Committee recalls that the Governing Body of the ILO, at its 273rd Session in November 1998, invited the States parties to Convention No. 96 to contemplate the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Recalling that the ratification and application of Convention No. 181 would contribute to strengthening vigilance with regard to the activities of private employment agencies and the protection of workers, the Committee encourages the Government to follow up on the decision adopted by the Governing Body at its 337th Session (October 2019) approving the recommendations of the SRM TWG and to consider ratifying the Private Employment Agencies Convention, 1997 (No. 181), which is the most up-to-date instrument in this area.

The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the information provided by the Government with respect to the legislation governing the operation of private employment agencies, including the system of licensing and the prohibition of charging recruitment fees to workers. The Committee further notes the Government’s indication that the activities of private employment agencies operating in the country are monitored and overseen through the Ministry of Labour, its directorates and affiliated offices in accordance with sections 17 to 25 of the Labour Code, No. 12 of 2003 and Ministerial Decision No. 135 of 2003. The Government reports that there are 1,200 licensed private employment agencies. It adds that, during the reporting period, more than 81 private employment agencies had their licences revoked. The Committee requests the Government to continue to provide updated information on the measures taken to monitor the activities of agencies operating in the country, including summaries of the reports of the inspection services, information on the number and nature of infringements reported and any other available information, particularly with regard to the cases where the decision was taken to revoke the agency’s operating licence. The Committee also requests the Government to continue to provide updated information on the number of license renewals that have been granted to private employment agencies (Article 5(2)(b) of the Convention).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee takes note of the information provided by the Government in its report concerning the regulation of private employment agencies in Egyptian law. The Government indicates that out of the existing 1,183 licensed private employment agencies, 293 had their licences revoked for violating the provisions of the Labour Code and Ministerial Order No. 135 of 2003. In previous comments, the Committee drew the Government’s attention to the fact that Egypt had accepted Part II of the Convention, which obliges it to abolish fee-charging employment agencies conducted with a view to profit. Moreover, as long as the Private Employment Agencies Convention, 1997 (No. 181) has not been ratified by Egypt, Convention No. 96 remains in force and the Committee will continue to examine its application. The Committee requests the Government to indicate the measures taken in order to monitor the activities of agencies operating in the country, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and any other available information, particularly with regard to the cases where the decision to revoke the licence to operate was taken. The Committee also requests the Government to indicate whether licence renewals have been granted to private employment agencies, and if so, how often (Article 5(2)(b) of the Convention). The Government is also requested to specify the areas of the labour market in which private employment agencies operate.

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

Revision of Convention No. 96. The Committee notes the attention paid by the Government in the report received in August 2013 to the process of holding consultations with the social partners on international labour standards, including the Private Employment Agencies Convention, 1997 (No. 181). Moreover, the Government indicates that several in-depth studies are still being undertaken on the practices of private employment agencies in Egypt in order to fill any legislative gaps related thereto. The Committee further notes with interest the Government’s statement indicating that while Convention No. 181 has not yet been ratified, it is applying its provisions through Egyptian laws. The Committee hopes that the Government will soon be in a position to formally accept the obligations of the Private Employment Agencies Convention, 1997 (No. 181). It invites the Government to continue to report on steps taken in consultation with the social partners to ratify Convention No. 181. The Committee recalls that the Government may make use of the Office’s technical assistance in this field.

Part II of the Convention. Progressive abolition of fee-charging employment agencies. In previous comments, the Committee drew the Government’s attention to the fact that Egypt has accepted Part II of the Convention, which obliges it to abolish fee-charging employment agencies conducted with a view to profit. The Government indicates in its report that the competent department follows up on private employment agencies, in collaboration with all relevant bodies, with a view to supervising their activities through inspection on a continuous and periodic base. Furthermore, the Government reports that some of the licences granted to some agencies were annulled as a result of a confirmed violation of legislation, while the activities of some others were stopped pending the confirmation of violation. The Committee notes that the measures opening up the employment placement market to private employment agencies do not give effect to the obligations contained in Part II of Convention No. 96, accepted by Egypt at the time of its ratification in 1954. It recalls that the ILO Governing Body, during its 273rd Session in November 1998, invited the State parties to Convention No. 96 to contemplate the possibility of ratifying, if appropriate, the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Consequently, as long as Convention No. 181 has not been ratified by Egypt, Convention No. 96 remains in force in the country and the Committee will continue to examine its application. The Committee requests the Government to indicate the measures taken in order to monitor the activities of agencies operating in the country, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and any other available information, particularly with regard to the cases where the decision to revoke the licence to operate was taken. In addition, the Committee requests the Government to indicate whether the agencies operating for profit have been granted permits and, if so, the number of times the permits have been renewed (Article 5(2)(b) of the Convention). The Government is also invited to indicate the number of private agencies operating in different areas of the labour market.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the Government’s report received in October 2011 containing some indications in relation to previous comments. The Government indicates that the comments formulated by the Committee of Experts were brought to the attention of the national committee set up in 2011 to amend the 2003 Labour Code. The Committee noted in its 2010 direct request that the private sector was authorized to participate in the recruitment of Egyptian workers inside the country. Although directly charging workers for employment services was prohibited, it was possible to deduct 2 per cent of their wages for the first year of employment. The Government indicated that this deduction is considered an administrative fee. Forty-four agencies have been granted permits to recruit Egyptians for work within and outside the country and additionally about 593 agencies existed that were operative and making profits. The Government refers to the provisions of the Labour Code which provide for the requirement to be met by companies asking for a licence for the operation of employing national workers in Egypt or abroad. The duration of the licence is set at five years, which can be renewed. The Committee again draws the Government’s attention to the fact that, like other member States which have ratified Convention No. 96, Egypt has accepted Part II of the Convention, which obliges it to abolish fee-charging employment agencies conducted with a view to profit. The measures opening up the employment placement market to private employment agencies do not give effect to the obligations contained in Part II of Convention No. 96 accepted by Egypt at the time of its ratification in 1954. In this respect, the Committee asks the Government to provide information on the organization and working of inspections conducted in the premises of agencies that have been granted permits to recruit Egyptian workers both inside and outside the country and/or in the agencies operating for profit. Please indicate the number of agencies, if any, that have been inspected and if there have been any reports on violations (Part III of the report form). The Committee would also wish to know whether the agencies operating for profit have been granted permits and, if so, the number of times the permits have been renewed.

The Committee also notes the Government’s statement that there are no judicial decisions on the application of the Convention. The Committee recalls that the absence of complaints regarding violations of the provisions of the Labour Code and other relevant legislation does not necessarily indicate an absence of abuses. The absence of complaints often results from the absence of an appropriate legal framework to bring claims, a lack of awareness and understanding among workers as well as law enforcers of the rights when recruited by private recruitment agencies, and an absence of accessible dispute resolution procedures. In Chapter III of the 2010 General Survey concerning employment instruments, the Committee noted that, if private employment agencies operate in a particular labour market, this operation has to be regulated. The Committee would appreciate receiving information on the number of private agencies operating in different areas of the labour market and how they are regulated, specifically under the legislation mentioned by the Government. In this context, the Committee recalls that 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.).

Finally, the Committee further notes that an ILO seminar on the Private Employment Agencies Convention, 1997 (No. 181), took place in October 2011. In the discussion on Convention No. 181, the tripartite constituents expressed the view that a more in-depth study on the practices of private employment agencies in Egypt was needed, with a view to reforming any legislative gaps to prevent abusive practices which were acknowledged to be taking place. The Committee recalls that the Government may make use of the Office’s technical assistance in this field. It therefore hopes that the Government will soon be 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 2013.]

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

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.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Part II. Progressive abolition of fee-charging employment agencies conducted with a view to profit and regulation of other agencies. The Committee notes the detailed report provided by the Government for the period ending in June 2005. The Government states that there are no private fee-charging employment agencies conducted with a view to profit. Some 545 agencies obtained a permit for the recruitment of Egyptian labour abroad in conformity with Law No. 12 of 2003. The Committee draws the Government’s attention to the fact that it is difficult to avoid abusive practices in relation with the recruitment of workers to be placed abroad and emphasizes the urgent need to grant effective protection to migrant workers. To this end, the non-binding multilateral framework for migrant workers in a global economy was designed in agreement with the tripartite constituents to assist member States in improving the effectiveness of their policies relating to labour migration. It provides particularly for the licensing and supervision of recruitment and contracting agencies for migrant workers, in accordance with the Private Employment Agencies Convention, 1997 (No. 181), with the provision of clear and enforceable contracts by those agencies (Provisional Record No. 22, pages 60-61, ILC, 92nd Session, Geneva, 2004). The Committee recalls that Convention No. 181 recognizes the role played by private employment agencies in the functioning of the labour market. In this regard, it recalls that the ILO Governing Body invites the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will, ipso jure, involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to keep it informed of any developments which, in consultation with the social partners, might occur in this regard.