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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3 and 9 of the Convention. Legal status and conditions governing the operation of private employment agencies (PEA). Prohibition of child labour. The Committee notes the Government’s report indicating the amendment of Proclamation No. 923/2016, after the consultation of the Ministries of Foreign Affairs, Employment and Health, immigration authorities, the Federal Technical and Vocational Education and Training Institute, the regional state labour offices, the general attorney, and PEA associations (referred to as stakeholders), through Proclamation No. 1246/2021, which is applicable to overseas employment relations. With this amendment, the Government indicates that it aimed at facilitating the mediation of skilled and semi-skilled workers abroad, which has commenced with the implementation of Proclamation No. 923/2016 as of May 2017, resulting in the lifting of the ban on PEAs. The Government states that the 621 PEAs operating in the country since are engaged in mediating workers to Jordan, Qatar, Saudi Arabia, and the United Arab Emirates. The Government further indicates that PEAs cannot provide placement services to persons below 18 years age of and that violations result in the revocation of the license and that no violations have been recorded . The Committee requests the Government to provide detailed information on the legal status of all PEAs, operating domestically or in a cross-border context, following the entry into force of Proclamation No. 1246/2021, as well as on the conditions governing their operation (Article 3 of the Convention). It also requests the Government to indicate the consultations held with the most representative organizations of employers and workers with a view to defining the legal status of PEAs. Should PEAs not be regulated by appropriate national law and practice, the Government is requested to indicate whether a system of licensing or certification has been put in place. Finally, the Government is requested to supply copies of abstracts of annual reports of labour inspection services or other bodies responsible for monitoring compliance with the labour law framework indicating how the prohibition for PEAs to place persons under 18 years of age in employed is enforced in practice. The Government is also requested to indicate the specific and concrete measures taken or envisaged to ensure that child labour is not used or supplied by PEAs in a cross-border and domestic context, in accordance with Article 9 of the Convention.

Article 7(2). Fees and costs. The Committee notes the Government’s indication that according to Proclamation No. 923/2016, employers and migrant workers are to cover their own expenses and that the stakeholders were consulted as regards the authorized exceptions to Article 7(1) of the Convention. The Committee notes that section 4 of Proclamation No. 1246/2021, which introduces a new subparagraph 5 to section 10 of Proclamation No. 923/2016, stipulates that any worker employed overseas through an employment agency, except in domestic work, is required to remit an amount equivalent to up to one month’s salary to the employment agency, distributed over four payment periods. It also notes that the other payment obligations for workers in section 10 of Proclamation No. 923/2016 remain in effect. The Committee recalls once again that the competent authority may authorize fees or costs to be charged to workers only for services provided in their interest, and after consulting the most representative organizations of employers and workers. The Committee requests the Government to supply information on the conditions under which the above fees may be charged and the types of services provided by PEAs in exchange of such fees.

Article 8(1) and (2). Protection and prevention of abuses of migrant workers placed abroad. The Government reports that four bilateral labour agreements/memoranda of understanding were concluded with Arab Gulf countries and that it exchanges information with governments of destination countries in addition to collaborating with PEA in Ethiopia and their counterparts overseas, Ethiopian missions and communities. The Committee notes that according to section 5 of Proclamation No. 1246/2021, which replaces section 12 of Proclamation No. 923/2016, the mediation of labour abroad prerequisites a bilateral agreement or memorandum of understanding, respectively, for the mediation of skilled labour, as well as a government permission ensuring the rights and safety of the workers. Furthermore, section 6 of Proclamation No. 1246/2021 foresees the establishment of the Ethiopian Overseas Employment Board to coordinate relevant stakeholders and to ensure the strengthening of the implementation of overseas employment and the protection of Ethiopians employed overseas. The Committee requests the Government to provide updates on the development and implementation of bilateral labour agreements concluded with countries receiving migrant workers from Ethiopia with the objective to prevent abuses and fraudulent practices in the recruitment, placement, and employment of Ethiopian migrant workers abroad. Additionally, the Committee asks the Government to supply copies of these agreements and information on the advancements in establishing the Ethiopian Overseas Employment Board.

Articles 11, 12 and 13. Adequate protection and allocation of responsibilities. Cooperation between the public employment service and private employment agencies.In the absence of specific information regarding the manner in which effect is given to these Articles of the Convention in either a domestic or cross-border context,the Committee once again requests the Government to provide updated detailed information on the nature and impact of measures taken to ensure protection for all workers in relation to each of the areas covered under Article 11. It also requests the Government to supply information on the manner in which responsibilities are allocated between private employment agencies and user enterprises as required under Article 12 of the Convention. The Committee also once again requests the Government to provide a copy of the revised model employment contract and updated information on its effective use. It further requests the Government to provide detailed updated information on the manner in which effect is given to Article 13 of the Convention and to provide extracts of the reports submitted by private employment agencies to the public employment service as well as to specify the information that is made publicly available.

Articles 10 and 14. Adequate machinery and procedures for the investigation of complaints. Supervision, remedies and penalties. The Government reports that most complaints pertain to delays in the payment of monthly salaries, workloads, and sickness, and that PEAs are encouraged to solve these with their counterparts, partly involving Ethiopian missions. For 2021, 55 to 60 complaints were registered for the more than 16.000 workers abroad. The Government also states that PEAs refusing to solve a complaint are suspended from their activity until the complaint is settled. The Committee requests the Government to provide updated information on the type and number of complaints received and the manner in which they were resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in the event of violations of the Convention.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 2(4) and (5) and 3 of the Convention. Prohibitions and exclusions. Legal status and conditions governing the operation of private employment agencies. In its report received in November 2018, the Government indicates that overseas employment of Ethiopians has been prohibited since 2013, pending the establishment of an appropriate legal framework and governance structure for the protection of Ethiopian workers migrating abroad. The Government reports that, with respect to the revision of the Employment Exchange Services Proclamation No. 632/2009, a new proclamation was adopted in 2016: the Overseas Employment Proclamation No. 923/2016. The Committee notes that the 2016 Proclamation explicitly provides that it replaces the 2009 Proclamation. The Government adds that Proclamation No. 923/2016 has not yet been implemented and its corresponding directive is being developed. The Committee notes the Government’s indication that, with the adoption of the 2016 Proclamation, preparations are under way to lift the ban on Ethiopian overseas employment. The Committee requests the Government to communicate detailed updated information on the legal status of private employment agencies pending and following the lifting of the ban, as well as on the manner in which their conditions of operation are governed, as required by Article 3 of the Convention. The Committee further requests the Government to provide information on the implementation of the Overseas Employment Proclamation No. 923/2016 in practice, as well as information on other frameworks governing the operation of private employment agencies in a domestic as well as cross-border context. Additionally, the Government is requested to provide copies of the directive corresponding to the 2016 Proclamation once it is available, and to indicate which employers’ and workers’ organizations were consulted prior to the adoption of that Proclamation.

Article 7. Fees and costs. The Committee recalls its 2016 direct request regarding the Employment Exchange Services Proclamation No. 632/2009, which set out the types of fees and costs to be borne by employers and workers. The Committee notes the Government’s indication that the newly adopted Overseas Employment Proclamation No. 923/2016, which revised the Employment Exchange Services Proclamation No. 632/2009, will not affect in any way the application of the Convention, including the exceptions permitted under Article 7(2). The Committee notes that section 10(2) of the 2016 Proclamation provides, as did the 2009 Proclamation, that workers are responsible for covering: passport issuance fees; costs associated with the authentication of the contract of employment received from overseas and the certificate of clearance from crime; medical examination fees; vaccination fees; birth certificate issuance fees; and expenses related to the certificate of occupational competence. In respect of the medical examination provided for under section 9 of the 2016 Proclamation, the Committee draws the Government’s attention to Paragraphs 3(h) and (i) and 25 of the HIV and AIDS Recommendation, 2010 (No. 200). In particular, Paragraph 25 provides that HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants. The Committee reiterates its request that the Government provide information on the reasons authorizing the exception, in the interest of the workers concerned, as contemplated in Article 7(2) of the Convention, to the principle that agencies should not charge fees or costs to workers, which would permit charging for the items set out under section 10(2) of the Overseas Employment Proclamation No. 923/2016, as well as information on the corresponding measures of protection. In addition, it requests the Government to indicate which employers’ and workers’ organizations were consulted in the interests of the migrant workers concerned.

Article 8(1) and (2). Protection and prevention of abuses of migrant workers placed in another country. Bilateral labour agreements. In response to the Committee’s previous request, the Government indicates that no cases of abusive recruiters have been reported since its imposition of the ban on overseas employment in 2013. The Committee notes, however, that the Government provides no information regarding investigations launched against abusive recruiters in accordance with section 598 of the Criminal Code concerning Ethiopian workers placed abroad prior to the imposition of the ban. With respect to bilateral labour agreements (BLAs), the Committee notes the Government’s indication that negotiations between Ethiopia and migrant-receiving countries are still ongoing and that the Government can provide information on the outcome of the negotiations once the BLAs with the countries concerned are concluded. The Committee requests the Government to indicate the measures taken to ensure adequate procedures and mechanisms to investigate and sanction cases of abuse once the ban on overseas employment is lifted, including the sanctions envisaged. In addition, the Committee requests the Government to provide updated information on progress made in the conclusion and application of bilateral labour agreements concluded with countries receiving migrant workers from Ethiopia, with the aim of preventing abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad. It further requests the Government to provide copies of such agreements.

Articles 9, 10 and 14. Child labour. Complaint procedures and supervision. The Government indicates that, following the imposition of the ban on overseas employment, no cases of Ethiopian minors recruited in a cross-border context have been reported. The Committee requests the Government to indicate the measures taken or envisaged to ensure that child labour is not used or supplied by private employment agencies.

Articles 11 and 12. Adequate protection and allocation of responsibilities. The Government indicates that Proclamation No. 923/2016 adequately ensures the protection of migrant workers in accordance with the above-mentioned Articles. It adds that the impact of the measures taken can only be observed following the implementation of the 2016 Proclamation, indicating that the model employment contract is also under revision. In the absence of specific information regarding the manner in which effect is given to Articles 11 and 12 of the Convention in either a domestic or cross-border context, the Committee once again requests the Government to provide updated detailed information on the nature and impact of measures taken to ensure protection for all workers in relation to each of the areas covered under Article 11, as well as the manner in which responsibilities are allocated between private employment agencies and user enterprises as required under Article 12 of the Convention. The Committee also once again requests the Government to provide a copy of the revised model employment contract and updated information on its effective use.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that information on cooperation between the public employment service and private employment agencies will become available once private employment agencies enter into full operation. The Committee requests the Government to provide detailed updated information in its next report on the manner in which effect is given to Article 13 of the Convention. In particular, it reiterates its request that the Government provide extracts of the reports submitted by private employment agencies to the Ministry of Labour and Social Welfare and specify the information that is made publicly available.

Articles 10 and 14. The Committee reiterates its request that the Government provide updated information on the type and number of complaints received and the manner in which they were resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in the event of violations of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 2(4) and (5) and 3 of the Convention. Prohibitions and exclusions. Legal status and conditions governing the operation of private employment agencies. In its report received in November 2018, the Government indicates that overseas employment of Ethiopians has been prohibited since 2013, pending the establishment of an appropriate legal framework and governance structure for the protection of Ethiopian workers migrating abroad. The Government reports that, with respect to the revision of the Employment Exchange Services Proclamation No. 632/2009, a new proclamation was adopted in 2016: the Overseas Employment Proclamation No. 923/2016. The Committee notes that the 2016 Proclamation explicitly provides that it replaces the 2009 Proclamation. The Government adds that Proclamation No. 923/2016 has not yet been implemented and its corresponding directive is being developed. The Committee notes the Government’s indication that, with the adoption of the 2016 Proclamation, preparations are under way to lift the ban on Ethiopian overseas employment. The Committee requests the Government to communicate detailed updated information on the legal status of private employment agencies pending and following the lifting of the ban, as well as on the manner in which their conditions of operation are governed, as required by Article 3 of the Convention. The Committee further requests the Government to provide information on the implementation of the Overseas Employment Proclamation No. 923/2016 in practice, as well as information on other frameworks governing the operation of private employment agencies in a domestic as well as cross-border context. Additionally, the Government is requested to provide copies of the directive corresponding to the 2016 Proclamation once it is available, and to indicate which employers’ and workers’ organizations were consulted prior to the adoption of that Proclamation.

Article 7. Fees and costs. The Committee recalls its 2016 direct request regarding the Employment Exchange Services Proclamation No. 632/2009, which set out the types of fees and costs to be borne by employers and workers. The Committee notes the Government’s indication that the newly adopted Overseas Employment Proclamation No. 923/2016, which revised the Employment Exchange Services Proclamation No. 632/2009, will not affect in any way the application of the Convention, including the exceptions permitted under Article 7(2). The Committee notes that section 10(2) of the 2016 Proclamation provides, as did the 2009 Proclamation, that workers are responsible for covering: passport issuance fees; costs associated with the authentication of the contract of employment received from overseas and the certificate of clearance from crime; medical examination fees; vaccination fees; birth certificate issuance fees; and expenses related to the certificate of occupational competence. In respect of the medical examination provided for under section 9 of the 2016 Proclamation, the Committee draws the Government’s attention to Paragraphs 3(h) and (i) and 25 of the HIV and AIDS Recommendation, 2010 (No. 200). In particular, Paragraph 25 provides that HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants. The Committee reiterates its request that the Government provide information on the reasons authorizing the exception, in the interest of the workers concerned, as contemplated in Article 7(2) of the Convention, to the principle that agencies should not charge fees or costs to workers, which would permit charging for the items set out under section 10(2) of the Overseas Employment Proclamation No. 923/2016, as well as information on the corresponding measures of protection. In addition, it requests the Government to indicate which employers’ and workers’ organizations were consulted in the interests of the migrant workers concerned.

Article 8(1) and (2). Protection and prevention of abuses of migrant workers placed in another country. Bilateral labour agreements. In response to the Committee’s previous request, the Government indicates that no cases of abusive recruiters have been reported since its imposition of the ban on overseas employment in 2013. The Committee notes, however, that the Government provides no information regarding investigations launched against abusive recruiters in accordance with section 598 of the Criminal Code concerning Ethiopian workers placed abroad prior to the imposition of the ban. With respect to bilateral labour agreements (BLAs), the Committee notes the Government’s indication that negotiations between Ethiopia and migrant-receiving countries are still ongoing and that the Government can provide information on the outcome of the negotiations once the BLAs with the countries concerned are concluded. The Committee requests the Government to indicate the measures taken to ensure adequate procedures and mechanisms to investigate and sanction cases of abuse once the ban on overseas employment is lifted, including the sanctions envisaged. In addition, the Committee requests the Government to provide updated information on progress made in the conclusion and application of bilateral labour agreements concluded with countries receiving migrant workers from Ethiopia, with the aim of preventing abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad. It further requests the Government to provide copies of such agreements.

Articles 9, 10 and 14. Child labour. Complaint procedures and supervision. The Government indicates that, following the imposition of the ban on overseas employment, no cases of Ethiopian minors recruited in a cross-border context have been reported. The Committee requests the Government to indicate the measures taken or envisaged to ensure that child labour is not used or supplied by private employment agencies.

Articles 11 and 12. Adequate protection and allocation of responsibilities. The Government indicates that Proclamation No. 923/2016 adequately ensures the protection of migrant workers in accordance with the above-mentioned Articles. It adds that the impact of the measures taken can only be observed following the implementation of the 2016 Proclamation, indicating that the model employment contract is also under revision. In the absence of specific information regarding the manner in which effect is given to Articles 11 and 12 of the Convention in either a domestic or cross-border context, the Committee once again requests the Government to provide updated detailed information on the nature and impact of measures taken to ensure protection for all workers in relation to each of the areas covered under Article 11, as well as the manner in which responsibilities are allocated between private employment agencies and user enterprises as required under Article 12 of the Convention. The Committee also once again requests the Government to provide a copy of the revised model employment contract and updated information on its effective use.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that information on cooperation between the public employment service and private employment agencies will become available once private employment agencies enter into full operation. The Committee requests the Government to provide detailed updated information in its next report on the manner in which effect is given to Article 13 of the Convention. In particular, it reiterates its request that the Government provide extracts of the reports submitted by private employment agencies to the Ministry of Labour and Social Welfare and specify the information that is made publicly available.

Articles 10 and 14. The Committee reiterates its request that the Government provide updated information on the type and number of complaints received and the manner in which they were resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in the event of violations of the Convention.

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

Articles 6 and 7 of the Convention. Protection of personal data. Fees and costs. The Government indicates in its report that the Employment Exchange Services Proclamation No. 632/2009 is being revised and that the corresponding directive will follow suit. With regard to fee charging and costs, the Government states that the abovementioned Proclamation specifies the types of costs to be borne by employers and workers. Although not yet applied, the Proclamation clearly mentions that, among the costs to be paid, workers shall be responsible for costs relating to skill testing. The Committee requests the Government to provide information on the progress made on the revision of the Employment Exchange Services Proclamation No. 632/2009 and its corresponding directive. The Government is also requested to indicate whether the revised legislation will affect the application of the Convention, including the exceptions currently permitted under Article 7 of the Convention, and which employers’ and workers’ organizations were consulted in this regard. The Government is requested to provide information on the reasons authorizing the exception, in the interest of the workers concerned, as contemplated in Article 7(2) of the Convention, to the principle that agencies should not charge fees or costs to workers, which would permit charging for skills assessments as well as information on the corresponding measures of protection.

Articles 8 and 9. Protection of migrant workers and allocation of responsibilities. Child labour. The Government states that about 182,283 Ethiopian migrant workers (7,261 men and 175,022 women) placed in employment in the Middle East in 2012–13 were covered by the Convention. It further states that, with regard to the bilateral labour agreements concluded with Kuwait, Jordan and Qatar, consultations are still ongoing towards their application. The Committee once again requests the Government to indicate whether investigations have been launched against abusive recruiters, in accordance with section 598 of the Criminal Code. It also requests the Government to provide information on progress made in the application of bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad. With regard to the recruitment of minors in a cross-border context, the Committee once again requests the Government to provide updated information on the measures taken to ensure that child labour is not used or supplied by private employment agencies.

Articles 11 and 12. Adequate protection and allocation of responsibilities. The Government indicates that protection in the sense of Article 11 of the Convention and the respective allocation of responsibilities in the sense of Article 12 for workers recruited for work abroad shall be ensured through a model employment contract developed based on Proclamation No. 632/2009. The model contract includes provisions on minimum wage, regular working hours, rest days and holidays, place of employment, duration of contract, transportation clauses, employment injury, emergency medical care, and grounds for contracts termination. The Government indicates, however, that the use of model contracts remains a challenge as it requires bilateral labour agreements. The Committee requests the Government to provide detailed information on the impact of the measures taken to ensure protection for workers, in particular migrant workers, in relation to each of the areas covered by Article 11 of the Convention and how responsibilities are allocated between private employment agencies and user enterprises in accordance with Article 12. It also requests the Government to provide a copy of the model contract and updated information on its effective use.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that periodic consultations are held between the public employment service and private employment agencies which mainly focus on the application of and compliance with Proclamation No. 632/2009, the labour laws, as well as the Convention, and aim to exchange labour market information to ensure complementarities of employment services between the two bodies. In addition, private employment agencies submit initial and periodic progress reports to the Ministry of Labour and Social Affairs on the status of Ethiopian migrant workers employed abroad, and foreign currencies earned and transferred by private employment agencies to Ethiopian banks. The Committee requests the Government to continue to provide information on the cooperation between the public employment service and private employment agencies. It also requests the Government to provide extracts of the reports submitted by private employment agencies to the Ministry of Labour and Social Welfare and to specify the information that is made publicly available.

Articles 10 and 14. Complaint procedures and supervision by the competent authorities. The Committee notes that about 1,296 complaints were received in 2014–15, out of which 816 were settled through conciliation and 480 cases are still pending. The Committee requests the Government to continue to provide information on the type and number of complaints received and how they were resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in case of violations of the Convention.

[The Government is asked to reply in full to the present comments in 2018.]

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

Article 6 of the Convention. Protection of personal data. The Government indicates in its report received in October 2013 that migrant workers’ personal information is well protected in practice and provides information on the security features of the database system. The Government indicates that the directive supplementing the implementation of the Employment Exchange Services Proclamation No. 632/2009 will be provided to the Committee once it is translated into English. The Committee therefore invites the Government to provide a copy of the directive when submitting its next report.

Article 7. Fee charging. The Government indicates that it is unlawful for a private employment agency to charge a worker payment in cash or in kind other than provided for in section 15(2) of the Employment Exchange Services Proclamation (section 25(1)(b) of the Proclamation). The Government states that the provision is enforced through inspection (section 35 of the Proclamation) and through the use of complaints. It adds that section 15(1) and (2) of the Proclamation clearly distinguishes costs to be covered by the employer and worker and that these provisions are applied in practice. As to the cost of training and skills testing, the Government indicates that it is not yet applied in practice. The Committee invites the Government to provide further information on the application of these provisions of the Employment Exchange Services Proclamation in practice, including information on the costs of training and skills testing.

Article 8. Protection of migrant workers. The Government indicates that employment contracts of Ethiopian migrant workers are being approved in accordance with the Employment Exchange Services Proclamation. It adds that necessary inspections are carried out to ensure that rights, safety and dignity of workers going abroad for employment are respected. The Committee notes from the report that, with regard to the application of section 598 of the Criminal Code, which concerns the unlawful sending of Ethiopians to work abroad, there are continued efforts to make progress in investigating human trafficking cases and bringing them to trial. The Government indicates that three bilateral labour agreements were concluded – with Kuwait, Jordan and Qatar – to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad. The Committee again invites the Government to provide copies of court cases relating to the application of section 598 of the Criminal Code to abusive recruiters. It also asks the Government to provide further information on the application of bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad.

Article 9. Child labour. The Government refers to section 25(1) of the Employment Exchange Services Proclamation which strictly prohibits the deployment of a person under the age of 18 to work abroad. It states that no official report have been received with regard to the recruitment of Ethiopian migrant workers below the age of 18. The Committee invites the Government to provide updated information on the measures taken to ensure that child labour is not used or supplied by private employment agencies.

Articles 11 and 12. Allocation of responsibilities in regard to the protection of workers. The Government indicates that employment services provided by private employment agencies are a relatively new phenomenon in Ethiopia. It adds that common understanding among stakeholders, particularly among social partners, is created towards setting a specific system and procedures though which responsibilities are allocated between private employment agencies and user enterprises so as to protect the rights of workers. With respect to migrant workers, the Government reports that, in regards to section 16(2)(l) of the Employment Exchange Services Proclamation, two major occupations (domestic services and caregiving) were identified and the corresponding Occupational Standards and training curriculum developed. Government and private employment agencies are collaborating to promote the skills training programme. With respect to section 20(1) and (2) of the Proclamation, efforts to ensure that the minimum working conditions set in the employment contract are respected in receiving countries are ongoing through concrete measures, such as periodic status reports of Ethiopian migrant workers, concluding bilateral labour agreements and increasing supervision efforts in receiving countries. The Government reports that it remains challenging to protect the rights of Ethiopian migrant workers, particularly domestic workers, as stipulated in legislation. The Committee invites the Government to provide detailed information on the impact of the measures taken – specific system and procedures – to ensure protection for workers, in particular migrant workers, in relation to each of the areas covered by Article 11 of the Convention and to allocate responsibilities between private employment agencies and user enterprises (Article 12). Referring to its previous comments, the Committee also invites the Government to provide information on the practical application of sections 22 and 23 of the Employment Exchange Services Proclamation.

Article 13. Cooperation between the public employment service and private employment agencies. The Government reports that training and technical support aimed at capacity building is provided to private employment agencies. Employment and labour market information is shared between the public employment service and private employment agencies to ensure the complementarity of their services. The Government also indicates that the public employment service and private employment agencies hold periodic consultations to review achievements, identify challenges and lessons learned. The Committee invites the Government to provide further information on the consultations held between the public employment service and private employment agencies. The Committee also invites the Government to provide extracts of the information provided to the Ministry of Labour and Social Affairs by the private employment agencies and to specify the information that is made publicly available annually (Article 13(3) and (4)).

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 type of complaints received concern, among others, non-payment of agreed wages, lack of communication with families, harassment (physical and sexual), and death. The Government adds that the total number of complaints received in 2012–13 was about 4,114, of which 86 per cent were settled through conciliation, while the remaining 14 per cent were pending cases. The number of workers covered by the Convention was 182,283 in 2012–13. The Committee invites the Government to provide updated information on the type and volume of complaints received, how they are resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as on the remedies, including penalties, provided for and effectively applied in case of violations of this Convention.

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

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.]

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

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.]

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2009 direct request, which read as follows:

The Committee refers to its 2009 observation and asks the Government to also include in its next report detailed information on the following issues already raised in its 2006 direct request.

1. Article 4 of the Convention. Measures to ensure the right to freedom of association. The Government reiterates that the right to freedom of association and the right to bargain collectively are clearly stated in section 31 of the National Constitution and section 13 of Labour Proclamation No. 377/2003. The Committee 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 the workers recruited by private employment agencies are not denied the right to freedom of association and the right to collective bargaining.

2. Article 5(1). Measures to promote equality. The Government refers to section 14 of Labour Proclamation No. 377/2003 and section 15(2) of Private Employment Agency Proclamation No. 104/1998, requiring private employment agencies to ensure that workers, in addition to the areas indicated in Article 5(1) of the Convention, are ensured their rights, safety and dignity. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and again 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.

3. Article 6. Protection of personal data. The Government states that the inspection service has the right to protect employees’ personal data. The Committee again asks for further information on the manner in which workers’ personal data are protected.

4. Article 7. Fee charging. The Government indicates in its report that according to section 20 of Private Employment Agencies Proclamation No. 104/1998, no person or entity shall perform employment services for consideration from a worker. In its 2006 direct request, the Committee noted that illegal fee charging of workers is practised by some agencies and that legislative amendments were requested in order to allow fee charging. The Committee understands that the issue has been discussed by government representatives, the social partners and other stakeholders. The Committee refers again to the relevant provision of Article 7 which provides that “in the interest of the workers concerned, and after consulting the most representative organizations of employers and workers, the competent authority may authorize exceptions to the provisions of paragraph 1 in respect of certain categories of workers, as well as specified types of services provided by private employment agencies”. If the Government makes use of this flexibility device, it will have to provide information on such authorized exceptions and give the reasons therefore (paragraph 3). The Committee asks the Government to report in detail on the measures taken to give full effect in law and in practice to the provisions of Article 7 of the Convention.

5. Articles 10 and 14 and Part V of the report form. Complaint procedures and statistics. The Government reports in regard to Article 10 of the Convention that the Ministry of Labour and Social Affairs assisted by the federal police is charged with the investigation of complaints. In order to examine the practical effect given to the provisions of Articles 10 and 14, the Committee again requests the Government to report on the type and volume of complaints received, as well as how they are resolved. Please also provide information on the number of workers covered by the Convention and the number and nature of infringements reported (Part V of the report form).

6. Articles 11 and 12. Protection of workers and allocation of responsibilities. The Government indicates in its report that the protection of workers’ rights are ensured according to Labour Proclamation No. 377/2003. The Committee again asks the Government to describe in detail 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 described 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 described in Article 12.

7. Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes the Government’s statement that private employment agencies should submit monthly reports to the Ministry and the nearest public employment offices and that this information is published as an annual labour bulletin of the Ministry. The Committee recalls that Ethiopia has ratified the Employment Service Convention, 1948 (No. 88), and  that, under Convention No. 181, the public authorities retain the final authority for formulating the labour market policy (Article 13(2)). It 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 by the private employment agencies and specify the information that is made publicly available annually (Article 13(3–4)).

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2009 observation which read as follows:

The Committee notes the Government’s report received in November 2008 referring again to the Employment Agency Proclamation No. 104 of 1998, which has already been examined in previous comments. The Committee also understands that in June 2007 the Office reviewed a draft proclamation aimed at strengthening the authority of public authorities in dealing with private employment agencies and to revise the regulations concerning the operation of those agencies. The draft proclamation was also discussed in tripartite workshops with government authorities and other stakeholders. In this context, the Committee asks the Government to provide a report including the text of any new legislative text enacted concerning the application of the Convention and information on the matters raised in its previous comments.

Article 8 of the Convention. Protection of migrant workers. The Government indicates that to implement the Convention, the Ministry of Labour consulted with the Ministry of Foreign Affairs and Ethiopian embassies. An inter-ministerial committee has been established including representatives of the Ministry of Justice, the Emigration Office and the federal police. The Government also mentions the provisions of section 598 of the Criminal Code to combat unlawful recruitment. The Committee reiterates its concern regarding the protection of Ethiopian workers recruited or placed either through regular or irregular private agencies for employment outside the country and the prevalence of trafficking in persons. The Committee asks the Government to report on the measures taken by the inter-ministerial committee to provide adequate protection and prevent abuses of workers recruited in Ethiopia for employment abroad and law cases. Please also provide particulars of cases when section 598 of the Criminal Code has been applied to abusive recruiters. Please also specify if the most representative organizations of employers and workers have been consulted in this matter (Article 8(1)). 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 8(2)).

Article 9. Trafficking of children. The Government states in its report that, according to section 15(4) of the procedure prepared by the Ministry of Labour and Social Affairs, recruited workers should not be less than 18 years and that this would be safeguarded by routine inspection systems. The Committee refers to its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and requests the Government to indicate the measures taken to ensure that child labour is not used or supplied by private employment agencies.

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee refers to its 2009 observation and asks the Government to also include in its next report detailed information on the following issues already raised in its 2006 direct request.

1. Article 4 of the Convention. Measures to ensure the right to freedom of association. The Government reiterates that the right to freedom of association and the right to bargain collectively are clearly stated in section 31 of the National Constitution and section 13 of Labour Proclamation No. 377/2003. The Committee 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 the workers recruited by private employment agencies are not denied the right to freedom of association and the right to collective bargaining.

2. Article 5, paragraph 1. Measures to promote equality. The Government refers to section 14 of Labour Proclamation No. 377/2003 and section 15(2) of Private Employment Agency Proclamation No. 104/1998, requiring private employment agencies to ensure that workers, in addition to the areas indicated in Article 5, paragraph 1, of the Convention, are ensured their rights, safety and dignity. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and again 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.

3. Article 6. Protection of personal data. The Government states that the inspection service has the right to protect employees’ personal data. The Committee again asks for further information on the manner in which workers’ personal data are protected.

4. Article 7. Fee charging. The Government indicates in its report that according to section 20 of Private Employment Agencies Proclamation No. 104/1998, no person or entity shall perform employment services for consideration from a worker. In its 2006 direct request, the Committee noted that illegal fee charging of workers is practised by some agencies and that legislative amendments were requested in order to allow fee charging. The Committee understands that the issue has been discussed by government representatives, the social partners and other stakeholders. The Committee refers again to the relevant provision of Article 7 which provides that “in the interest of the workers concerned, and after consulting the most representative organizations of employers and workers, the competent authority may authorize exceptions to the provisions of paragraph 1 in respect of certain categories of workers, as well as specified types of services provided by private employment agencies”. If the Government makes use of this flexibility device, it will have to provide information on such authorized exceptions and give the reasons therefore (paragraph 3). The Committee asks the Government to report in detail on the measures taken to give full effect in law and in practice to the provisions of Article 7 of the Convention.

5. Articles 10 and 14 and Part V of the report form. Complaint procedures and statistics. The Government reports in regard to Article 10 of the Convention that the Ministry of Labour and Social Affairs assisted by the federal police is charged with the investigation of complaints. In order to examine the practical effect given to the provisions of Articles 10 and 14, the Committee again requests the Government to report on the type and volume of complaints received, as well as how they are resolved. Please also provide information on the number of workers covered by the Convention and the number and nature of infringements reported (Part V of the report form).

6. Articles 11 and 12. Protection of workers and allocation of responsibilities. The Government indicates in its report that the protection of workers’ rights are ensured according to Labour Proclamation No. 377/2003. The Committee again asks the Government to describe in detail 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 described 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 described in Article 12.

7. Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes the Government’s statement that private employment agencies should submit monthly reports to the Ministry and the nearest public employment offices and that this information is published as an annual labour bulletin of the Ministry. The Committee recalls that Ethiopia has ratified the Employment Service Convention, 1948 (No. 88), and  that, under Convention No. 181, the public authorities retain the final authority for formulating the labour market policy (Article 13, paragraph 2). It reiterates its interest in receiving information on the areas of cooperation between the public employment service and private employment agencies (Article 13, paragraph 1). Please also supply examples of the information provided to the Ministry of Labour by the private employment agencies and specify the information that is made publicly available annually (Article 13, paragraphs 3–4).

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received in November 2008 referring again to the Employment Agency Proclamation No. 104 of 1998, which has already been examined in previous comments. The Committee also understands that in June 2007 the Office reviewed a draft proclamation aimed at strengthening the authority of public authorities in dealing with private employment agencies and to revise the regulations concerning the operation of those agencies. The draft proclamation was also discussed in tripartite workshops with government authorities and other stakeholders. In this context, the Committee asks the Government to provide a report including the text of any new legislative text enacted concerning the application of the Convention and information on the matters raised in its previous comments.

Article 8 of the Convention. Protection of migrant workers. The Government indicates that to implement the Convention, the Ministry of Labour consulted with the Ministry of Foreign Affairs and Ethiopian embassies. An inter-ministerial committee has been established including representatives of the Ministry of Justice, the Emigration Office and the federal police. The Government also mentions the provisions of section 598 of the Criminal Code to combat unlawful recruitment. The Committee reiterates its concern regarding the protection of Ethiopian workers recruited or placed either through regular or irregular private agencies for employment outside the country and the prevalence of trafficking in persons. The Committee asks the Government to report on the measures taken by the inter-ministerial committee to provide adequate protection and prevent abuses of workers recruited in Ethiopia for employment abroad and law cases. Please also provide particulars of cases when section 598 of the Criminal Code has been applied to abusive recruiters. Please also specify if the most representative organizations of employers and workers have been consulted in this matter (Article 8, paragraph 1). 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 8, paragraph 2).

Article 9. Trafficking of children. The Government states in its report that, according to section 15(4) of the procedure prepared by the Ministry of Labour and Social Affairs, recruited workers should not be less than 18 years and that this would be safeguarded by routine inspection systems. The Committee refers to its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and requests the Government to indicate the measures taken to ensure that child labour is not used or supplied by private employment agencies.

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 Government is asked to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee refers to its 2006 observation and asks the Government to also include in its next report detailed information on the following issues already raised in its 2003 direct request.

1. Measures to ensure the right to freedom of association. The Government indicates that the right to freedom of association and the right to bargain collectively are clearly stated in the labour law. The Committee refers to its 2005 observations on the application of Conventions Nos. 87 and 98 in Ethiopia and asks the Government to specify the measures taken to ensure that the workers recruited by private employment agencies in Ethiopia are not denied the right to freedom of association and the right to collective bargaining. Please also indicate the progress made in ensuring that the workers recruited by private employment agencies to work abroad are not denied those fundamental rights (Article 4 of Convention No. 181).

2. Measures to promote equality. The Government indicates that directives have been issued by the competent authority to require private employment agencies to treat workers without discrimination on the basis of race, colour, sex, religion and political opinion. The Committee recalls its comments on the application by Ethiopia of Convention No. 111 and asks the Government to indicate the measures taken to ensure that overseas private employment agencies and domestic private employment agencies operating in Ethiopia 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 5, paragraph 1, of the Convention).

3. Processing of personal data. The Government reiterates that workers’ personal data are secured and treated separately within the Ministry of Labour and employment agencies. The Committee asks for further information on the manner in which workers’ personal data are protected, within the meaning of Article 1, paragraph 3, and Article 6 of the Convention.

4. Fee charging. The Government indicates in its report that according to the Private Employment Agencies (PEA) Proclamation No. 104/1998 there are no categories of workers and type of service for which private employment agencies can charge a fee directly or indirectly. The Committee understands that overall illegal fee charging of workers is practiced by some agencies. Some private employment agencies have requested legislative amendments in order to allow fee charging, and that the issue has also been discussed by representatives of the Government and of the social partners, as well as with other stakeholders. The Committee refers to the relevant provision of Article 7 which provides that “in the interest of the workers concerned, and after consulting the most representative organizations of employers and workers, the competent authority may authorize exceptions to the provisions of paragraph 1 in respect of certain categories of workers, as well as specified types of services provided by private employment agencies”. If the Government makes use of this flexibility device, it will have to provide information on such authorized exceptions and give the reasons therefore (paragraph 3). The Committee asks the Government to report in detail on the measures taken to give full effect in law and in practice to the provisions of Article 7 of the Convention.

5. Complaints. The Government reports that the competent authority has the power to enter the premises of any private employment agency during any working hour without prior notice to examine or request relevant documents. The Committee invites the Government to arrange a mechanism that will allow the social partners to play a more substantial role than their current contribution in relation to the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies. In order to examine the practical effect given to the provisions of Articles 10 and 14, it requests the Government to report on the type and volume of complaints received, as well as how they are resolved. Please also provide information on the number of workers covered by the Convention and the number and nature of infringements reported (Part V of the report form).

6. Protection of workers employed by private employment agencies. The Government indicates in its report that, according to the labour law of the country, workers are adequately protected in the areas described in Article 11. The Committee again asks the Government to describe in detail 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 described in Article 11.

7. Responsibilities of private employment agencies and of user enterprises. In its report, the Government states that, according to the law, the private employment agency and the third party (the employer) shall jointly be responsible or liable for areas described in Article 12. In its previous comments, the Committee noted the provisions of sections 15 and 17 of the PEA Proclamation. It requests the Government to describe in more detail the way in which responsibilities are allocated between private employment agencies and user enterprises in each of the areas described in Article 12.

8. Cooperation between the public employment service and private employment agencies. The Committee recalls that Ethiopia has ratified Convention No. 88 and that, under Convention No. 181, the public authorities retain final authority for formulating labour market policy (Article 13, paragraph 2). It reiterates its interest in receiving information on the measures taken or envisaged to promote cooperation between the public employment service and private employment agencies (Article 13, paragraph 1). Please also supply examples of the information provided to the Ministry of Labour by the private employment agencies and specify the information that is made publicly available and the intervals at which this is done (Article 13, paragraphs 3 and 4).

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s brief report received in November 2005. It further notes that a national tripartite workshop on the role of private employment agencies, in the context of the trafficking of domestic workers overseas, was held in February 2006. In collaboration with the Ministry of Labour and Social Affairs, the Office undertook a technical study on the operation of overseas private employment agencies in the country. The study has provided some indications to the Government to strengthen its monitoring and supervision mechanism to narrow the gap between the law and practice in areas such as fee charging, guidance to workers and the protection of workers’ rights and well-being. The study points out that the monitoring and supervision mechanism of private employment agencies should work in conjunction with an effective system that combats trafficking in persons.

1. Protection of migrant workers. The Committee notes that in its report the Government has not provided the information requested by the report form on the measures taken, after consulting the most representative organizations of employers and workers, “to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies” (Article 8, paragraph 1, of the Convention). In this context, the Committee expresses its serious concern regarding the protection of Ethiopian workers recruited or placed either through regular or irregular private agencies and the prevalence of trafficking in persons. The Committee recalls that, in accordance with section 18, paragraph 1(b) and paragraph 3, of the Private Employment Agencies (PEA) Proclamation No. 104/1998, penalties are envisaged against persons who send Ethiopian nationals abroad for work without possessing a licence in accordance with the PEA Proclamation, or where the human rights or physical integrity of Ethiopians sent abroad for work have been violated. The Committee requests the Government to supply detailed information in its next report on the measures taken to provide adequate protection and prevent abuses of migrant workers recruited in Ethiopia (Article 8 of the Convention). In this sense, the Committee recalls that, in March 2006, a Multilateral Framework on Labour Migration was published by the ILO, which includes non-binding principles and guidelines for a rights-based approach to labour migration. It also requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

2. Trafficking of children. The Government states in its report that, according to the labour law, child labour is not used or supplied by private employment agencies. The Committee refers to its 2005 direct request on the application of Convention No. 182, and, in particular, the efforts that are being made to put in place the National Plan of Action against the commercial sexual abuse and exploitation of children in Ethiopia. This programme will also deal with prevention, protection and rehabilitation to combat the worst forms of child labour. The Committee noted that, according to UNICEF data, every year thousands of women and girls are reported to be trafficked from Ethiopia to the Middle East, especially to Lebanon, Saudi Arabia and the United Arab Emirates. As required by Article 9 of Convention No. 181, the Government is requested to indicate the measures taken to ensure that child labour is not used or supplied by private employment agencies.

3. The Committee reiterates its interest in receiving more detailed information in the Government’s next report on the measures adopted to apply in Ethiopia the provisions of the Convention which are referred to specifically in a direct request.

[The Government is asked to reply in detail to the present comments in 2008.]

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first detailed report on the application of the Convention received in November 2002. It notes the Government’s statement in relation to Article 2 of the Convention indicating that the purpose of the legislation is to allow the operation of private agencies, the orderly management of regular migration and the protection of workers through their services. The Committee would appreciate receiving in the Government’s next report more detailed information on the measures adopted to apply in Ethiopia the provisions of the Convention. Please refer to points 1, 2, 5 and 6 of this direct request with regard to the protection of migrant workers. In this respect, the Government might consider the possibility of requesting the technical advice of the Office in the field of international migration.

1. Article 4 of the Convention. The Government points out in its report the problems arising from the lack of readiness from the employers’ side and the legislation of the host country, as well as other cultural, demographic and economic factors that render it difficult to implement the fundamental principles of freedom of association and the right to collective bargaining. It also mentions that Ethiopian workers in Saudi Arabia and Lebanon are already successful in forming community associations which enable them to bargain with employers. The Committee refers to its 2002 observation on the application of Convention No. 87 in Ethiopia, as well as to the discussion that took place at the 90th Session of the International Labour Conference (June 2002), and asks the Government to specify the measures taken to ensure that the workers recruited by private employment agencies in Ethiopia are not denied the right to freedom of association and the right to collective bargaining within Ethiopia. Please also indicate the progress made in ensuring that the workers recruited by private employment agencies to work abroad are not denied those fundamental rights.

2. Article 5. The Government also indicates the importance given by the national legislation to combating all types of discrimination and the special attention provided to women workers living abroad. The Committee recalls its comments on the application by Ethiopia of Convention No. 111 and asks the Government to indicate the measures taken to ensure that private employment agencies treat workers in Ethiopia without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origins, or any other criteria, such as age or disability.

3. Article 6 and Article 1, paragraph 3. The Government indicates in its report that workers’ personal data are secured and treated separately within the Ministry of Labour and employment agencies. Please provide further information on the manner in which workers’ personal data are protected, within the meaning of the Convention.

4. Article 7, paragraph 1. The Committee notes that section 176 of the Labour Proclamation, as amended by the Private Employment Agencies (PEA) Proclamation No. 104/1998, states that no persons or entities shall perform employment services for fees in consideration from a worker. Nevertheless, the Government recognizes in its report that some organizations are observed to be charging for training and transportation if employers fail to meet these commitments. Please provide further details on the measures taken to ensure in practice that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.

5. Article 8, paragraph 1. The Government indicates in its report that bilateral co-cultural agreements with the concerned countries are currently being concluded. It also mentions the protection offered by the Consulate of Ethiopia in Lebanon. The Committee further notes that in accordance with section 18, paragraph 1(b) and paragraph 3, of Proclamation No. 194/1998, penalties are envisaged against persons who send Ethiopian nationals abroad for work without possessing a license in accordance with the PEA Proclamation, or where the human rights or physical integrity of Ethiopians sent abroad for work have been injured. Please continue to supply information about the measures taken to provide adequate protection and prevent abuses of migrant workers recruited in the territory of Ethiopia.

6. Article 8, paragraph 2. Taking into account the Government’s concern over the placement abroad of Ethiopian workers by private employment agencies, the Committee would appreciate receiving more information on bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

7. Article 9. The Government indicates in its report that the law of the land prohibits child labour and that strict regulations are in place to control illicit traffickers. Please describe further the measures taken to ensure that child labour is not used or supplied by private employment agencies.

8. Articles 10 and 14. The Government reports that the Ministry of Labour and the Government’s missions abroad control the investigation of complaints, alleged abuses and fraudulent practices. The Committee also notes that section 16 of the PEA Proclamation establishes the powers of the national authority to inspect private employment agencies. It invites the Government to provide further information with respect to the plan to arrange a mechanism that will allow the social partners to play a more substantial role than their current contribution, which was mentioned in the Government’s report. Please also indicate the type and volume of complaints received, as well as how they are resolved.

9. Article 11. The Committee notes the provisions of sections 12 and 15 of the PEA Proclamation No. 104/1997 establishing the terms of the contract of employment for workers placed by private agencies. Please further describe the measures taken, in accordance with national law and practice, to ensure protection for workers employed by private employment agencies, as described in Article 1, paragraph 1(b), of the Convention, in relation to each of the areas described in Article 11.

10. Article 12. In its report, the Government states that the models established for minimum working conditions by the Ministry are the basis for controlling and supervising possible failures. The Committee also notes that section 17 of the PEA Proclamation provides that a private employment agency and the third party shall jointly and severally be responsible or liable for violation of the contract of employment concluded with the worker to provide the service mentioned in section 2(1)(b) of the Proclamation. It requests the Government to describe in more detail the way in which responsibilities are allocated between private employment agencies and user enterprises in each of the areas described in Article 12.

11. Article 13. Please provide information on the measures taken or envisaged to promote cooperation between the public employment service and private employment agencies (paragraph 1), and indicate how the principle that the public authorities retain final authority for formulating labour market policy and for the utilization of the public funds earmarked for the implementation of that policy has been ensured (paragraph 2). Please also supply examples of the information provided to the competent authorities by the private employment agencies and specify the information that is made publicly available and the intervals at which this is done (paragraphs 3 and 4).

12. Article 14. The Committee notes that sanctions (suspension or cancellation of licence) or penalties are envisaged by section 18 of the PEA Proclamation. It asks the Government to supply examples of how those remedies have been operating in case of violations of the Convention. Please also provide information on the number of workers covered by the Convention and the number and nature of infringements reported (Part V of the report form).