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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Application of the Convention in practice. The Government indicates in its report that up to 2014 there were 66 private employment agencies in operation. In 2012, the Department of Labour authorized 12 private employment agencies. However, according to the Labour Inspection Department, between 2009 and June 2014, inspections were not carried out of private employment agencies. The Committee notes that it is the Government’s intention to coordinate inspections with the Labour Inspection Department and the General Directorate of Employment to ascertain that employment agencies are properly established and comply with standards for the protection of workers. The Committee recalls that supervision of the implementation of the Convention shall be ensured by the labour inspection services or other competent public authorities (Article 14(1) of the Convention). The Committee hopes that the Government will provide extracts from inspection reports, information on the number of workers covered by the measures giving effect to the Convention, and the number and nature of the infringements reported in relation to the activities of private employment agencies.

Article 6. Data privacy. The Government indicates that no other measures have not been adopted in relation to the protection of personal data and that the provisions remain in force of Executive Decree No. 105 of January 1996 regulating the operation of private employment agencies. The Committee notes that, in the context of an assessment by the Ministry of Labour and Immigration of Spain, the feasibility of drawing up a new executive decree was discussed and that a series of measures were also sketched out to reinforce the application of the Convention. The Committee also notes that section 11 of a Bill regulating private employment agencies envisaged the regulation and protection of workers’ data, however, the Bill had its first reading in the National Assembly, without any further progress being made up to now. The Committee requests the Government to refer to Paragraphs 11 and 12 of the Private Employment Agencies Recommendation, 1997 (No. 188), and paragraph 318 of the 2010 General Survey on employment instruments, and hopes that it will take appropriate measures to reinforce the protection of the personal data of workers, as required by the Convention.

Article 10. Complaints. The Government reiterates that there are no procedures as such in which the social partners collaborate to investigate complaints concerning the activities of private employment agencies. The Committee requests the Government to take the appropriate measures for the establishment of adequate machinery and procedures, involving the collaboration of the social partners, for the investigation of complaints, alleged abuses and fraudulent practices relating to the activities of private employment agencies.

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

The Committee notes the Government’s report received in November 2009, which contains replies to the matters raised in the direct request of 2004, specifically in connection with Article 12 of the Convention. In this regard, the Government explains that private employment agencies are recruitment bodies and therefore it is the user enterprises (whether natural or legal persons) which assume the responsibilities referred to in Article 1(1)(b) of the Convention. The Committee requests the Government to include in its next report extracts from inspection reports and information on the number of workers protected by the Convention and on the number and nature of infringements recorded in relation to the activities of private employment agencies (Part V of the report form).

Article 6. Protection of personal data. The Government indicates that no other measures were adopted with a view to ensuring the protection of the processing of workers’ personal data by private employment agencies. The Committee notes that the provisions of the Labour Code and Executive Decree No. 105 of 1996 are still in force. The Committee invites the Government to refer to paragraph 318 of the General Survey of 2010 on employment instruments and hopes that it will supply information in its next report on the manner in which the national legislation specifically provides for the processing of workers’ personal data.

Article 10. Complaints. The Government reiterates that there are no procedures for cooperation with the social partners in order to examine complaints relating to the activities of private employment agencies. The Government also states that 104 operating licences were granted to private employment agencies between 2004 and 2009. The Committee again requests the Government to supply information in its next report on the manner in which it is ensured that complaints, alleged abuses and fraudulent practices relating to the activities of private employment agencies are examined.

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

1. The Committee takes note of the information supplied by the Government in its report received in 2004 in response to the previous direct request. It notes that at present 33 private employment agencies have a licence and that 12 of them will go into operation at the end of 2004 or in 2005. The Committee requests the Government to provide additional information on the following points.

2. Article 6 of the Convention. The Government indicates that the inspectors of the General Directorate of Employment of the Ministry of Labour and Social Development (MITRADEL) are responsible for monitoring the operation of private employment agencies and compliance with the provisions of the Labour Code and Executive Decree No. 105 of 1995 on fee-charging employment agencies conducted with a view to profit. Please indicate whether other measures have been taken to ensure protection of the personal data of the workers concerned.

3. Article 10. The Government indicates that employees may lodge complaints against employers with the Vocational Guidance Section of the Ministry of Labour and Social Development, which, if it sees fit, will send notice to the employer that it must initiate conciliation with the employee. The Committee recalls that according to Article 10, procedures involving representative organizations must be set up to investigate complaints concerning the activities of private employment agencies. It requests the Government to specify how effect is given to this provision of the Convention.

4. Article 11(j). The Committee takes note of the provisions of Act No. 50 of 1995 on "the protection of breast feeding" and Act No. 18 of 2001 "which amends, deletes from and adds to the Family Code provisions on adoption", and sections 105 and 116 of the Labour Code which address maternity protection and benefits. With regard to parental protection and benefits, the Government indicates that under Act No. 18 of 2001, adoptive fathers may be given at most two weeks’ rest, which will be deducted from their leave upon agreement with the employer. The Committee requests the Government to indicate how adequate protection is as a rule ensured for workers employed by private employment agencies, in respect of parental protection and benefits, in accordance with Article 11(j) of the Convention.

5. Article 12. The Government indicates that workers hired by private employment agencies, like all other workers, are subject to the Labour Code and the labour and social security legislation, the application of which is supervised by the National Directorate of the Labour Inspection Service and the inspectors of the Social Security Fund, and that all discrimination based on the manner in which the worker was hired is prohibited. The Committee requests the Government to provide more detailed information on the manner in which responsibilities are allocated between the private employment agencies and the user enterprises, in each of the areas described in Article 12.

6. Part V of the report form. The Committee asks the Government to provide information on the application of the Convention in practice, including extracts of reports of the inspection services and information on the number of workers covered by the Convention, the number and nature of infringements reported and the manner in which they have been resolved.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first report on the application of the Convention, which contains detailed information on the licences granted by the General Directorate of Employment and statistics on the placements made by private employment agencies. The Committee would be grateful if the Government would include information in its next report on the following matters.

Article 6 of the Convention. The Government indicates in its report that the processing of the personal data on each worker entered by private employment agencies is for strictly internal use and is confidential for each of the agencies, except for relevant mediation actions to achieve their integration into the labour market. The Committee refers to Paragraphs 11 and 12 of the Private Employment Agencies Recommendation, 1997 (No. 188), and would be grateful if the Government would continue to provide information on the measures adopted to ensure the protection of workers’ data.

Article 10. The Committee notes that the Vocational Guidance Section of the General Directorate of Labour is entrusted with dealing with complaints relating to the activities of private employment agencies. Please describe the functioning of the machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11(j). The Committee notes that the provisions of sections 105 to 116 of the Labour Code refer to maternity protection and benefits. Please indicate whether measures have been taken, in accordance with national law and practice, to ensure protection for workers employed by private employment agencies in relation to parental protection and benefits.

Article 12. The Government indicates in its report that workers engaged by private employment agencies are also covered by the legislation envisaged in the Labour Code, where responsibilities are allocated specifically to the employer. The workers are also covered in general terms by the social security scheme of the Social Security Fund. The Committee would be grateful if the Government would indicate in its next report the way in which the respective responsibilities are allocated, in accordance with national law and practice, of private employment agencies providing the services referred to in Article 1, paragraph 1(b), and of user enterprises in the fields enumerated in Article 12 of the Convention.