Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Senegal (Ratification: 1962)

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

Part III of the Convention. Regulation of fee-charging employment agencies. Activities of temporary work agencies. The Committee previously noted the adoption of Decree No. 2009-1412 of December 2009 establishing special protection for workers employed by temporary agencies and the obligations that apply to such agencies. The Government indicates that the application of this Decree does not raise any specific difficulty. It specifies that its application is a matter for the labour and social security inspectorates and that the annual labour statistic report of 2012 and 2013 did not point out any particular information on its application. The Committee invites the Government to provide information on the number and nature of infringements recorded and any other information relating to the application of Decree No. 2009-1412 concerning temporary work agencies and any other matters covered by the Convention (Part V of the report from).

Revision of Convention No. 96. The Committee notes the information provided by the Government in reply to comments made in 2010 and 2012, according to which the ratification of the Private Employment Agencies Convention, 1997 (No. 181), is still under examination. The Committee requests the Government to continue to provide information on any further developments in this respect.

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

Part III of the Convention. Regulation of fee-charging employment agencies. Activities of temporary work agencies. The Committee recalls that the procedure for the adoption of the decree defining the obligations of employment agencies and the protection of workers employed by temporary work agencies, in accordance with section L226 of the Labour Code, has been the subject of a number of comments. The Committee therefore notes with interest the adoption of Decree No. 2009-1412 of December 2009 establishing special protection for workers employed by temporary work agencies and the obligations that apply to such agencies. The Committee also notes the other information provided by the Government in its report received in August 2012. The Government indicates that fee-charging employment agencies conducted with a view to profit do not exist in Senegal. Furthermore, the report refers to the Labour Service (SMO), which acts as a non-fee-charging employment agency, providing users with completely free services. The Committee requests the Government to include in its next report extracts from official reports, information on the number and nature of infringements recorded and any other information relating to the application of Decree No. 2009-1412 concerning temporary work agencies and any other matters covered by the Convention (Part V of the report form).

Revision of Convention No. 96. In reply to the observation made in 2010, the Government indicates that the ratification of the Private Employment Agencies Convention, 1997 (No. 181), is still under examination. The Committee requests the Government to include information in its next report on the progress made with a view to ratifying Convention No. 181.

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

Revision of Convention No. 96 and prospects for the ratification of Convention No. 181. In reply to the observation of 2009, the Government confirms in a report received in March 2010 that the procedure for the adoption of the decree defining the obligations of employment agencies and the protection of workers employed by temporary work agencies is still in progress. The Government indicates that the draft decree has been adopted by the National Advisory Council for Labour and Social Security. Furthermore, the Government confirms that the issue of the ratification of the Private Employment Agencies Convention, 1997 (No. 181), is receiving close consideration. In its 2010 General Survey concerning employment instruments, the Committee noted an observation from the National Union of Autonomous Trade Unions of Senegal, indicating that the competent authority did not apply satisfactory controls to private employment agencies and that illicit practices had proliferated as a result (paragraph 739 of the General Survey). The Committee again requests the Government to send a copy of the decree adopted pursuant to section L226 of the Labour Code. It also requests the Government to supply information on the developments which have taken place, in consultation with the social partners, with a view to ratifying Convention No. 181.

[The Government is asked to reply in detail to the present comments in 2012.]

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

The Committee notes that the Government’s report in reply to its 2007 observation has not been received.

Regulation of fee-charging employment agencies. Articles 10–14, Parts III and V of the Convention. The Committee noted the observations made by the National Confederation of Employers of Senegal (CNES) and the National Confederation of Workers of Senegal (CNTS) on the 2006 Government report. To remedy the abuses, the CNTS requested the Government to establish rules governing the operation of employment agencies, in particular definitions of employers in connection with the protection of workers. Based on the information provided by the Government in the questionnaire for the General Survey on employment (2010), the Committee notes that the procedure for the adoption of the decree defining the obligations of employment agencies and the protection of workers employed by temporary work agencies under section L226 of the Labour Code is still ongoing and that the country would appreciate assistance from the Office for the application of the decree once adopted. The Committee requests the Government to provide a copy of the decree when adopted, as well as information on other regulations on fee-charging employment agencies and on the manner in which the Convention is applied in practice including, for instance, extracts from official reports. It further requests the Government to indicate any other measure taken to regulate all fee-charging agencies and ultimately to abolish fee-charging agencies conducted with a view to profit.

Revision of Convention No. 96. The Committee notes the Government’s statement that the issue of the ratification of the Private Employment Agencies Convention, 1997 (No. 181), is being examined. The Committee recalls that Convention No. 181, which takes into account the flexibility in the operation of labour markets, is the most up to date standard on the role and operation of private employment agencies and it again invites the Government and the social partners to examine the possibility of ratifying Convention No. 181, which would result in the immediate denunciation of Convention No. 96.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Part III of the Convention. Articles 10 to 14. Regulation of fee-charging employment agencies. The Committee notes the Government’s report received in October 2006, the observations made by the National Confederation of Employers of Senegal (CNES) and the National Confederation of Workers of Senegal (CNTS) on the application of the Convention received in November 2006, and the Government’s reply, which refers to the information contained in its report. The CNTS has said that the Government has to acknowledge that the slowness in establishing rules governing the operation of employment agencies, in particular defining the obligations of employers and providing for protection of workers, is resulting in multiple abuses, and that the Government should indicate the measures that it is planning to take in this respect. The Committee notes that, in reply to its previous comments, the Government states that under section L226 of the Labour Code it has initiated a procedure for the adoption of a decree to define the obligations of employment enterprises and the protection of workers employed by temporary work enterprises. Noting the Government’s statement that a copy of the decree will be provided when it has been adopted, the Committee trusts that regulations on fee-charging employment agencies will be adopted in the near future and requests the Government to indicate any other measure taken to regulate all fee-charging agencies and ultimately to abolish fee-charging agencies conducted with a view to profit.

2. Part V of the report form. Information on the application of the Convention in practice. The Government indicates that, due to the absence of a clear legal framework, no information can be provided on the application of the Convention, but that it will be in a position to provide all the necessary information in this respect once the above decree has been adopted under section L226 of the Labour Code. The Committee trusts that the Government’s next report will contain appropriate information on the manner in which the Convention is applied in practice including, for instance, extracts from official reports.

3. Revision of Convention No. 96. The Committee notes the Government’s statement that the issue of the ratification of the Private Employment Agencies Convention, 1997 (No. 181), is being examined. The Committee refers in this respect to the information provided in June 2007 on the submission of Convention No. 181 to the Council of Ministers. The Government has said that, as the application of Convention No. 96 has not been satisfactory, the ratification of Convention No. 181, which revised Convention No. 96, would not be appropriate, but that the Private Employment Agencies Recommendation, 1997 (No. 188), will serve as a source of inspiration for the formulation of new employment rules. The Committee recalls that Convention No. 181, which takes into account the flexibility in the operation of labour markets, is now the latest standard on the role and operation of private employment agencies and, because of the admittedly unsatisfactory application of Convention No. 96, it invites the Government and the social partners to examine the possibility of ratifying Convention No. 181, which would result in the immediate denunciation of Convention No. 96.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes the brief information provided by the Government in a report received in August 2004. It notes that under section L.224 of the Labour Code (Act No. 97 of 1 December 1997), operations relating to the labour force are free of charge. It is prohibited to offer or to give to any person within the service recompense in any form whatsoever, or for the latter to accept such recompense. The Labour Code also provides that decrees shall be issued to ensure the specific protection of workers employed by temporary work agencies (section L.226). The Committee therefore requests the Government to indicate the measures adopted under section L.226 of the Labour Code for the control of the operations of fee-charging employment agencies including, in particular, those conducted with a view to profit (Articles 10 to 14 of the Convention).

2. Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied including, for instance, extracts from official reports, information regarding the number and nature of the contraventions reported and any other particulars bearing on the practical application of the Convention. In this respect, the Committee recalls that the ILO Governing Body invites the States parties to Convention No. 96 to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181), 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 Government is asked to reply in detail to the present comments in 2006.]