Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Bangladesh (Ratification: 1972)

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the Government’s indication in its report that the provision of workers to private enterprises by outsourcing companies (labour supplying agencies) is an evolving practice in the private sector. Such workers are not considered employees of the enterprises to which they are supplied. The Government also indicates that it has developed special regulations for the outsourcing of personnel in the public sector. The Committee notes that the Overseas Employment and Migrants Act was adopted in October 2013 to regulate the operation of recruitment agents, who assist workers to find employment overseas. In addition, it notes the Government’s indication that an in-depth study is required of the application of this Convention in practice. In view of the increasing activities of outsourcing companies, the Committee requests the Government to indicate the outcome of any study undertaken on employment services. The Committee also requests the Government to provide more specific information on the measures adopted to supervise the activities of outsourcing companies and overseas recruitment agents.

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the Government’s report including detailed replies received in September 2010. The Government states that there are practically no fee-charging employment agencies conducted with a view for profit. In the past, agencies used to recruit people on request of employers in the private sector. Now, employers do not request assistance for recruitment as they have their own system of recruitment. Private sector industries address workers through notices on the notice board of the district employment and manpower offices which exist in almost every administrative district. The selection board selects workers directly but not through a private agency. The Committee notes the Government’s statement that private fee-charging employment agencies no longer play a role in the provision of labour market services, and that ratification of the Private Employment Agencies Convention, 1997 (No. 181), will not be appropriate for the country. In this regard, the Committee recalls that in paragraph 730 of its General Survey of 2010 on employment instruments, it highlighted the importance for member States to build or strive to build institutions necessary to ensure the realization of full employment. To this end, the Employment Service Convention, 1948 (No. 88), and the Private Employment Agencies Convention, 1997 (No. 181), invite member States to establish employment services to assist workers and employers in achieving and maintaining optimal employment. The conjunction of these Conventions forms a necessary building block for a well-functioning labour market and consequently employment growth. The Committee would welcome in the Government’s next report any information on new developments which, in consultation with the social partners, might occur in regard of the matters raised in this direct request.

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

1. Part II. Progressive abolition of fee-charging employment agencies conducted with a view to profit and regulation of other agencies. The Committee notes the Government’s reply in relation to the workers’ recruitment in private jute industries and the inland waterways sector of Bangladesh. The Government states that there is no employment agency through which workers can search for jobs in these sectors. The Committee would appreciate receiving, in the Government’s next report, a general assessment 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 (Part V of the report form).

2. Revision of Convention No. 96. 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 Committee also invites the Government to keep it informed of any developments which, in consultation with the social partners, might occur in this regard.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Part II of the Convention.  The Committee notes the information provided by the Government in reply to its previous comments and requests it to describe in detail in its next report the manner in which workers are currently recruited in the jute industry and internal waterways and to provide any relevant texts (collective agreements or regulations), as well as information on any new regulations which have been adopted in these sectors.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 previous direct request, which read as follows:

Part II of the Convention. With reference to its previous comments, the Committee takes note of a very brief report of the Government. The Government indicates that it has noted the suggestion of the Committee to take steps to ensure progressive abolition of subcontractors in the jute industry and the inland navigation sector. The Committee also takes note of the comments of the Bangladesh Employers' Association received in October 1991 to the effect that the Committee's suggestion to make the activities of the subcontractors in the jute industry and the inland navigation sector subject to the licensing and supervision arrangements may be gradually considered by the Government.

In this connection, the Committee would like to draw the Government's attention once again to the fact that the definition in Article 1(a) of the Convention covers all intermediaries who are paid for their services even when the payment is made exclusively by the employer. The Committee therefore hopes that the Government will take steps to ensure the application of the Convention in respect of subcontractors in the jute industry and the inland navigation sector, either by providing for their progressive abolition within a limited period of time during which they should be subject to supervision (Articles 3 and 4 of the Convention) or, if appropriate placing arrangements cannot for the time being be made for the categories of workers concerned within the framework of the public employment service, by making their activities subject to the licensing and supervision arrangements provided for in Article 5, paragraph 2, and Article 8.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Part II of the Convention. With reference to its previous comments, the Committee takes note of a very brief report of the Government. The Government indicates that it has noted the suggestion of the Committee to take steps to ensure progressive abolition of subcontractors in the jute industry and the inland navigation sector. The Committee also takes note of the comments of the Bangladesh Employers' Association received in October 1991 to the effect that the Committee's suggestion to make the activities of the subcontractors in the jute industry and the inland navigation sector subject to the licensing and supervision arrangements may be gradually considered by the Government.

In this connection, the Committee would like to draw the Government's attention once again to the fact that the definition in Article 1(a) of the Convention covers all intermediaries who are paid for their services even when the payment is made exclusively by the employer. The Committee therefore hopes that the Government will take steps to ensure the application of the Convention in respect of subcontractors in the jute industry and the inland navigation sector, either by providing for their progressive abolition within a limited period of time during which they should be subject to supervision (Articles 3 and 4 of the Convention) or, if appropriate placing arrangements cannot for the time being be made for the categories of workers concerned within the framework of the public employment service, by making their activities subject to the licensing and supervision arrangements provided for in Article 5, paragraph 2, and Article 8.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Part II of the Convention. The Committee takes note of the information supplied by the Goverment in reply to its previous comments.

It notes that licences granted to fee-charging employment agencies for overseas employment are renewable yearly and that the organisations of employers and workers concerned are consulted for the purpose of Article 5 of the Convention.

It further notes the statement of the Government that no international employment agency called Multinational Recruitment Group has its associates and offices in Bangladesh.

Finally, the Committee notes the Government's statement, in reply to the last question raised in the Committee's previous comments, that, in the given national conditions, the Government does not consider it necessary at this stage either to provide for progressive abolition of the operation of subcontractors or to make their activities subject to the licencing and supervision arrangements provided for in Article 5, paragraph 2, of the Convention. In this connection, the Committee would like to point out once again that the definition in Article 1(a) of the Convention covers all intermediaries who are paid for their services even when the payment is made exclusively by the employer. The Committee therefore hopes that the Government will take steps to ensure the application of the Convention in respect of subcontractors in the jute industry and the inland navigation sector, either by providing for their progressive abolition within a limited period of time and their supervision pending abolition (Articles 3 and 4 of the Convention) or, if appropriate, placing arrangements cannot for the time being be made for the categories of workers concerned within the framework of the public employment service, by making their activities subject to the licencing and supervision arrangements provided for in Article 5, paragraph 2, and Article 8.