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

Previous comment

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit and regulation of other employment agencies. In its previous comments, the Committee reiterated its request to the Government to provide information on the measures taken to monitor the activities of the agencies covered by the Convention with regard to the recruitment and placement of workers abroad. The Government recalls that the operation of private employment agencies is regulated by Decree No. 2004-0054/PR/MESN. The Government nevertheless notes that most of these agencies do not comply with labour legislation, particularly as regards temporary workers. The Government indicates that it adopted Decree No. 2018-103/PR/MTRA, which defines the conditions governing the operation of private employment agencies. It points out that the new Decree introduces changes such as the annual renewal of private employment agencies’ licences, the introduction of licence fees, the revised amount of private employment agencies’ deposit with the public treasury, the obligation for private employment agencies to ensure favourable treatment of temporary workers, and enhanced requirements for private employment agencies operating abroad. In this regard, the Committee notes with interest that, in accordance with the provisions of the new Decree, a private employment agency deploying a worker abroad must first ensure that the job is actually available (article 30). It is also required to register the worker with the embassy or consulate, and to provide medical assistance in the event of an employment injury abroad (article 31). It must also pay for their visas, transport, residence permits, insurance and social protection coverage (article 32). Private employment agencies must inform the Labour Inspectorate on a quarterly basis of the recruitment situation and send it an annual summary of all the contracts concluded (article 35). Private employment agencies that fail to comply with the provisions of the Decree are subject to penalties, which range from warnings to withdrawal of their licence (article 38). In this context, the Committee requests the Government to provide detailed information on how the new regulations are applied in practice and on the Labour Inspectorate’s monitoring of the activities of the agencies covered by the Convention, by providing a summary of the reports of the inspection services, information on the infringements found and the penalties applied, and any other available information, particularly regarding temporary workers and workers deployed abroad.
Prospects for ratifying Convention No. 181. The Government once again indicates that, following analyses, it envisages the ratification of the Private Employment Agencies Convention, 1997 (No. 181), and that it intends to consult the National Council for Labour and Social Security (CONTESS) on this matter. The Government repeats that Convention No. 181 perfectly responds to the current requirements of the labour market and to the role private employment agencies can play in its sound functioning. The Committee therefore once again requests the Government to provide information on the measures taken, in consultation with the social partners, to pursue the ratification process of Convention No. 181, which would immediately lead to the denunciation of Convention No. 96.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. In its previous comments, the Committee invited the Government to indicate the specific measures taken to monitor the activities of the agencies covered by the Convention, particularly with regard to the recruitment and placement of workers abroad. The Government indicates in its report that the activities of private employment agencies are rigorously monitored by the Labour and Social Legislation Inspectorate. It also indicates that, since the liberalization of the labour market, private employment agencies have been multiplying constantly. Referring to the 2014 activity report and 2015 perspectives of the Labour and Social Legislation Inspectorate, the Government indicates that in 2014, the labour inspectorate recorded 2,133 complaints and agreed settlements. It also refers in its report to the type of infringements found during inspections. However, the report does not contain any information on the recruitment and placement of workers abroad. The Committee once again requests the Government to provide information on the measures taken to monitor the activities of the agencies covered by the Convention with regard to the recruitment and placement of workers abroad.
Prospects for ratifying Convention No. 181. In its previous comments, the Committee invited the Government to provide detailed information on any tripartite consultations held with a view to the eventual ratification of Convention No. 181. The Government indicates in its report that, following analyses, it still envisages the ratification of the Convention and that it intends to consult the National Council for Labour and Social Security (CONTESS) on this matter. The Government also indicates that Convention No. 181 perfectly responds to the current requirements of the labour market due to its flexibility and the role private employment agencies can play in the sound functioning of the labour market. The Committee therefore requests the Government to provide information on the measures taken, in consultation with the social partners, to pursue the ratification process of Convention No. 181, which would immediately lead to the denunciation of Convention No. 96.

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. In its previous comments, the Committee invited the Government to indicate the specific measures taken to monitor the activities of the agencies covered by the Convention, particularly with regard to the recruitment and placement of workers abroad. The Government indicates in its report that the activities of private employment agencies are rigorously monitored by the Labour and Social Legislation Inspectorate. It also indicates that, since the liberalization of the labour market, private employment agencies have been multiplying constantly. Referring to the 2014 activity report and 2015 perspectives of the Labour and Social Legislation Inspectorate, the Government indicates that in 2014, the labour inspectorate recorded 2,133 complaints and agreed settlements. It also refers in its report to the type of infringements found during inspections. However, the report does not contain any information on the recruitment and placement of workers abroad. The Committee once again requests the Government to provide information on the measures taken to monitor the activities of the agencies covered by the Convention with regard to the recruitment and placement of workers abroad.
Prospects for ratifying Convention No. 181. In its previous comments, the Committee invited the Government to provide detailed information on any tripartite consultations held with a view to the eventual ratification of Convention No. 181. The Government indicates in its report that, following analyses, it still envisages the ratification of the Convention and that it intends to consult the National Council for Labour and Social Security (CONTESS) on this matter. The Government also indicates that Convention No. 181 perfectly responds to the current requirements of the labour market due to its flexibility and the role private employment agencies can play in the sound functioning of the labour market. The Committee therefore requests the Government to provide information on the measures taken, in consultation with the social partners, to pursue the ratification process of Convention No. 181, which would immediately lead to the denunciation of Convention No. 96.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes that the Government recalls in its report that the public employment service is provided by the National Agency for Employment, Training and Vocational Placement (ANEFIP). However, the Government acknowledges the proliferation of private employment agencies since 2004, following the liberalization of the labour market. The Committee previously noted the observations from the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UGT), according to which fee-charging employment agencies legalized in Djibouti are acting as filters for recruitment, are charging jobseekers and illegally deducting sums from workers’ wages. The Government points out that, according to the provisions of the Decree that regulates them, private employment agencies do not impose fees on workers. Fees and charges imposed on employers are regulated and limited, in accordance with section 10 of Decree No. 2004 0054/PR/MESN concerning private employment agencies. The Committee invites the Government to indicate the specific measures taken to monitor the activities of agencies covered by the Convention, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and also any other available information, particularly with regard to the recruitment and placement of workers abroad.
In response to its previous comments, the Committee notes the Government’s indication that it is giving favourable consideration to the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181). The Government also indicates that the National Council for Labour and Social Security (CONTESS) will be consulted on this matter and that the Office will be kept informed of any developments in the situation. The Committee invites the Government to provide details of any tripartite consultations that have been held with a view to the ratification of Convention No. 181.

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes that the Government recalls in its report that the public employment service is provided by the National Agency for Employment, Training and Vocational Placement (ANEFIP). However, the Government acknowledges the proliferation of private employment agencies since 2004, following the liberalization of the labour market. The Committee previously noted the observations from the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UGT), according to which fee-charging employment agencies legalized in Djibouti are acting as filters for recruitment, are charging jobseekers and illegally deducting sums from workers’ wages. The Government points out that, according to the provisions of the Decree that regulates them, private employment agencies do not impose fees on workers. Fees and charges imposed on employers are regulated and limited, in accordance with section 10 of Decree No. 2004 0054/PR/MESN concerning private employment agencies. The Committee invites the Government to indicate the specific measures taken to monitor the activities of agencies covered by the Convention, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and also any other available information, particularly with regard to the recruitment and placement of workers abroad.
In response to its previous comments, the Committee notes the Government’s indication that it is giving favourable consideration to the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181). The Government also indicates that the National Council for Labour and Social Security (CONTESS) will be consulted on this matter and that the Office will be kept informed of any developments in the situation. The Committee invites the Government to provide details of any tripartite consultations that have been held with a view to the ratification of Convention No. 181.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government has not sent a reply to its 2007 observation. Nevertheless, noting the information provided by the Government in its reports received in May 2008 on the application of the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and with reference to its previous comments on Convention No. 96, the Committee requests the Government to provide a report containing information in response to the following questions:
Repetition
Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. Previous observations reveal that the proliferation of private employment agencies following the liberalization of employment under Decree No. 11/PRE/97 has resulted in a reduction of the activities of the public employment service. According to previous observations from the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UGT), fee-charging employment agencies have been legalized in Djibouti and are acting as filters for recruitment. Furthermore, the unions alleged that these agencies charge jobseekers and even deduct sums illegally from workers’ wages. The Committee notes that section 7 of Decree No. 2004-0054/PR/MESN of 1 April 2004 concerning private employment agencies expressly prohibits the latter from imposing charges or fees on workers. Moreover, section 14 of the same Decree provides that private employment agencies are required to send the labour inspector and the National Employment Service (SNE) a monthly summary of contracts concluded. The Committee notes that, under section 31 of Act 203/AN/07/5th L of 22 December 2007 establishing the National Agency for Employment, Training and Vocational Placement (ANEFIP), one of the tasks of the latter is to monitor the application of the provisions of Decree No. 2004-0054/PR/MESN concerning private employment agencies. The Committee requests the Government to state the specific measures taken to monitor the activities of agencies covered by the Convention, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and also any other available information, particularly with regard to the recruitment and placement of workers abroad.
Revision of Convention No. 96. The Committee recalls that, the ILO Governing Body, during its 273rd Session in November 1998, invited the State parties to Convention No. 96 to contemplate the possibility of ratifying, if appropriate, the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Consequently, as long as Convention No. 181 has not been ratified by Djibouti, Convention No. 96 remains in force in the country, and the Committee will continue to examine the application of Part II of the Convention in national law and practice. In this regard, the Committee refers to its comment on Convention No. 144 and requests the Government to indicate whether tripartite consultations have been held within the National Council for Labour, Employment and Vocational Training with a view to the ratification of Convention No. 181.

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

The Committee notes with regret that the Government has not sent a reply to its 2007 observation. Nevertheless, noting the information provided by the Government in its reports received in May 2008 on the application of the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and with reference to its previous comments on Convention No. 96, the Committee requests the Government to provide a report containing information in response to the following questions:
Repetition
Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. Previous observations reveal that the proliferation of private employment agencies following the liberalization of employment under Decree No. 11/PRE/97 has resulted in a reduction of the activities of the public employment service. According to previous observations from the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UGT), fee-charging employment agencies have been legalized in Djibouti and are acting as filters for recruitment. Furthermore, the unions alleged that these agencies charge jobseekers and even deduct sums illegally from workers’ wages. The Committee notes that section 7 of Decree No. 2004-0054/PR/MESN of 1 April 2004 concerning private employment agencies expressly prohibits the latter from imposing charges or fees on workers. Moreover, section 14 of the same Decree provides that private employment agencies are required to send the labour inspector and the National Employment Service (SNE) a monthly summary of contracts concluded. The Committee notes that, under section 31 of Act 203/AN/07/5th L of 22 December 2007 establishing the National Agency for Employment, Training and Vocational Placement (ANEFIP), one of the tasks of the latter is to monitor the application of the provisions of Decree No. 2004-0054/PR/MESN concerning private employment agencies. The Committee requests the Government to state the specific measures taken to monitor the activities of agencies covered by the Convention, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and also any other available information, particularly with regard to the recruitment and placement of workers abroad.
Revision of Convention No. 96. The Committee recalls that, the ILO Governing Body, during its 273rd Session in November 1998, invited the State parties to Convention No. 96 to contemplate the possibility of ratifying, if appropriate, the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Consequently, as long as Convention No. 181 has not been ratified by Djibouti, Convention No. 96 remains in force in the country, and the Committee will continue to examine the application of Part II of the Convention in national law and practice. In this regard, the Committee refers to its comment on Convention No. 144 and requests the Government to indicate whether tripartite consultations have been held within the National Council for Labour, Employment and Vocational Training with a view to the ratification of Convention No. 181.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government has not sent a reply to its 2007 observation. Nevertheless, noting the information provided by the Government in its reports received in May 2008 on the application of Conventions Nos 88, 122 and 144, and with reference to its previous comments on Convention No. 96, the Committee requests the Government to provide a report containing information in response to the following questions:
Repetition
Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. Previous observations reveal that the proliferation of private employment agencies following the liberalization of employment under Decree No. 11/PRE/97 has resulted in a reduction of the activities of the public employment service. According to previous observations from the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UGT), fee-charging employment agencies have been legalized in Djibouti and are acting as filters for recruitment. Furthermore, the unions alleged that these agencies charge jobseekers and even deduct sums illegally from workers’ wages. The Committee notes that section 7 of Decree No. 2004-0054/PR/MESN of 1 April 2004 concerning private employment agencies expressly prohibits the latter from imposing charges or fees on workers. Moreover, section 14 of the same Decree provides that private employment agencies are required to send the labour inspector and the National Employment Service (SNE) a monthly summary of contracts concluded. The Committee notes that, under section 31 of Act 203/AN/07/5th L of 22 December 2007 establishing the National Agency for Employment, Training and Vocational Placement (ANEFIP), one of the tasks of the latter is to monitor the application of the provisions of Decree No. 2004-0054/PR/MESN concerning private employment agencies. The Committee requests the Government to state the specific measures taken to monitor the activities of agencies covered by the Convention, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and also any other available information, particularly with regard to the recruitment and placement of workers abroad.
Revision of Convention No. 96. The Committee recalls that one of the objectives of the Private Employment Agencies Convention, 1997 (No. 181), is to allow the operation of private employment agencies as well as to protect workers using their services. The ILO Governing Body, during its 273rd Session in November 1998, invited the State parties to Convention No. 96 to contemplate the possibility of ratifying, if appropriate, the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Consequently, as long as Convention No. 181 has not been ratified by Djibouti, Convention No. 96 remains in force in the country, and the Committee will continue to examine the application of Part II of the Convention in national law and practice. In this regard, the Committee refers to its comment on Convention No. 144 and requests the Government to indicate whether tripartite consultations have been held within the National Council for Labour, Employment and Vocational Training with a view to the ratification of Convention No. 181.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government has not sent a reply to its 2007 observation. Nevertheless, noting the information provided by the Government in its reports received in May 2008 on the application of Conventions Nos 88, 122 and 144, and with reference to its previous comments on Convention No. 96, the Committee requests the Government to provide a report containing information in response to the following questions:

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. Previous observations reveal that the proliferation of private employment agencies following the liberalization of employment under Decree No. 11/PRE/97 has resulted in a reduction of the activities of the public employment service. According to previous observations from the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UGT), fee-charging employment agencies have been legalized in Djibouti and are acting as filters for recruitment. Furthermore, the unions alleged that these agencies charge jobseekers and even deduct sums illegally from workers’ wages. The Committee notes that section 7 of Decree No. 2004-0054/PR/MESN of 1 April 2004 concerning private employment agencies expressly prohibits the latter from imposing charges or fees on workers. Moreover, section 14 of the same Decree provides that private employment agencies are required to send the labour inspector and the National Employment Service (SNE) a monthly summary of contracts concluded. The Committee notes that, under section 31 of Act 203/AN/07/5th L of 22 December 2007 establishing the National Agency for Employment, Training and Vocational Placement (ANEFIP), one of the tasks of the latter is to monitor the application of the provisions of Decree No. 2004-0054/PR/MESN concerning private employment agencies. The Committee requests the Government to state the specific measures taken to monitor the activities of agencies covered by the Convention, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and also any other available information, particularly with regard to the recruitment and placement of workers abroad.

Revision of Convention No. 96. The Committee recalls that one of the objectives of the Private Employment Agencies Convention, 1997 (No. 181), is to allow the operation of private employment agencies as well as to protect workers using their services. The ILO Governing Body, during its 273rd Session in November 1998, invited the State parties to Convention No. 96 to contemplate the possibility of ratifying, if appropriate, the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Consequently, as long as Convention No. 181 has not been ratified by Djibouti, Convention No. 96 remains in force in the country, and the Committee will continue to examine the application of Part II of the Convention in national law and practice. In this regard, the Committee refers to its comment on Convention No. 144 and requests the Government to indicate whether tripartite consultations have been held within the National Council for Labour, Employment and Vocational Training with a view to the ratification of Convention No. 181.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2008 observation which read as follows:

The Committee notes that the Government has not sent any report in reply to the observation of 2007. However, noting the information supplied by the Government in the reports received in May 2008 on the application of Conventions Nos 88, 122 and 144, and with reference to its previous comments on Conventions No. 96, the Committee invites the Government to supply a report containing information on the following questions.

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. Previous observations reveal that the proliferation of private employment agencies following the liberalization of employment under Decree No. 11/PRE/97 has resulted in a reduction of the activities of the public employment service. According to previous observations from the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UGT), fee-charging employment agencies have been legalized in Djibouti and are acting as filters for recruitment. Furthermore, the unions alleged that these agencies charge jobseekers and even deduct sums illegally from workers’ wages. The Committee notes that section 7 of Decree No. 2004-0054/PR/MESN of 1 April 2004 concerning private employment agencies expressly prohibits the latter from imposing charges or fees on workers. Moreover, section 14 of the same Decree provides that private employment agencies are required to send the labour inspector and the National Employment Service (SNE) a monthly summary of contracts concluded. The Committee notes that, under section 31 of Act 203/AN/07/5th L of 22 December 2007 establishing the National Agency for Employment, Training and Vocational Placement (ANEFIP), one of the tasks of the latter is to monitor the application of the provisions of Decree No. 2004-0054/PR/MESN concerning private employment agencies. The Committee requests the Government to state the specific measures taken to monitor the activities of agencies covered by the Convention, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and also any other available information, particularly with regard to the recruitment and placement of workers abroad.

Revision of Convention No. 96. The Committee recalls that one of the objectives of the Private Employment Agencies Convention, 1997 (No. 181), is to allow the operation of private employment agencies as well as to protect workers using their services. The ILO Governing Body, during its 273rd Session in November 1998, invited the State parties to Convention No. 96 to contemplate the possibility of ratifying, if appropriate, the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Consequently, as long as Convention No. 181 has not been ratified by Djibouti, Convention No. 96 remains in force in the country, and the Committee will continue to examine the application of Part II of the Convention in national law and practice. In this regard, the Committee refers to its comment on Convention No. 144 and requests the Government to indicate whether tripartite consultations have been held within the National Council for Labour, Employment and Vocational Training with a view to the ratification of Convention No. 181.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government has not sent any report in reply to the observation of 2007. However, noting the information supplied by the Government in the reports received in May 2008 on the application of Conventions Nos 88, 122 and 144, and with reference to its previous comments on Conventions No. 96, the Committee invites the Government to supply a report containing information on the following questions.

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. Previous observations reveal that the proliferation of private employment agencies following the liberalization of employment under Decree No. 11/PRE/97 has resulted in a reduction of the activities of the public employment service. According to previous observations from the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UGT), fee-charging employment agencies have been legalized in Djibouti and are acting as filters for recruitment. Furthermore, the unions alleged that these agencies charge jobseekers and even deduct sums illegally from workers’ wages. The Committee notes that section 7 of Decree No. 2004-0054/PR/MESN of 1 April 2004 concerning private employment agencies expressly prohibits the latter from imposing charges or fees on workers. Moreover, section 14 of the same Decree provides that private employment agencies are required to send the labour inspector and the National Employment Service (SNE) a monthly summary of contracts concluded. The Committee notes that, under section 31 of Act 203/AN/07/5th L of 22 December 2007 establishing the National Agency for Employment, Training and Vocational Placement (ANEFIP), one of the tasks of the latter is to monitor the application of the provisions of Decree No. 2004-0054/PR/MESN concerning private employment agencies. The Committee requests the Government to state the specific measures taken to monitor the activities of agencies covered by the Convention, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and also any other available information, particularly with regard to the recruitment and placement of workers abroad.

Revision of Convention No. 96. The Committee recalls that one of the objectives of the Private Employment Agencies Convention, 1997 (No. 181), is to allow the operation of private employment agencies as well as to protect workers using their services. The ILO Governing Body, during its 273rd Session in November 1998, invited the State parties to Convention No. 96 to contemplate the possibility of ratifying, if appropriate, the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Consequently, as long as Convention No. 181 has not been ratified by Djibouti, Convention No. 96 remains in force in the country, and the Committee will continue to examine the application of Part II of the Convention in national law and practice. In this regard, the Committee refers to its comment on Convention No. 144 and requests the Government to indicate whether tripartite consultations have been held within the National Council for Labour, Employment and Vocational Training with a view to the ratification of Convention No. 181.

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

1. The Committee notes that the Government has not submitted a report in response to its observation of 2006. However, it notes the observations by the General Union of Djibouti Workers (UGTD) on the implementation of Convention No. 96 received in August 2007 and sent to the Government in September 2007. The UGTD indicates that since Decree No. 11/PRE/97 on the liberalization of employment was issued, the number of private employment agencies has risen and that the activities of the National Employment Service (SNE) have decreased as a result. According to the UGTD, in order to ensure that Convention No. 96 is applied, it is essential that the regulatory body, namely the National Committee on Labour, Employment and Vocational Training, be put into operation to set up practical arrangements in the field for inspection services in order to detect anomalies and inconsistencies. The Committee takes note of Act No. 133/AN/05/5thL enacting the Labour Code of 28 January 2006, and particularly section 6 on private employment agencies and interim contracts. The Committee requests the Government to send a report containing specific information on the new legislative measures adopted to enforce each Article of the Convention, together with responses to the UGTD’s observations and the Committee’s observation of 2006 on the following points.

2. Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. In its observation of 2006, the Committee took note of the information in the Government’s report received in October 2005, and of the comments made by the Labour Union of Djibouti (UDT) and the UGTD on the application of the Convention. In its report, the Government referred to Act No. 75/AN/00/4thL on the organization of the Ministry of Employment and National Solidarity which liberalizes employment. The Government explained that in areas where it has no office, the SNE is represented by district commissioners and that, with employment liberalization, employers can recruit freely and then regularize the situation with the SNE. The Committee further noted that according to the UDT and the UGTD, fee-charging employment agencies have been legalized in Djibouti for the last three years. The unions alleged that these agencies act as filters for employment, charge jobseekers and even deduct sums illegally from workers’ wages. The Committee again asks the Government to provide precise information on the manner in which the provisions of the Convention are applied in practice, including a summary of the reports of the inspection services, information on the number and nature of contraventions reported and any other particulars regarding the hiring and placement of workers abroad.

3. Revision of Convention No. 96. The Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), acknowledges the role played by private employment agencies in the operation of the labour market. The Governing Body of the ILO has invited States parties to Convention No. 96 to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181), pointing out that this would entail the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee requests the Government to keep it informed of any developments which, in consultation with the social partners, might occur in this regard.

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

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

1. Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to a profit. The Committee notes the information contained in the Government’s report received in October 2005. It also notes the comments made by the Labour Union of Djibouti (UDT) and the General Union of Djibouti Workers (UGTD) on the application of the Convention, which were forwarded to the Government in October 2005. In its report, the Government refers to Act No. 75/AN/00 4th L respecting the organization of the Ministry of Employment and National Solidarity, which liberalizes employment. The Government explains that, in areas where there is no national employment service (SNE) structure, it is represented by district commissioners. The Government adds that, with the liberalization of employment, employers can recruit freely and then regularize the situation with the SNE. Furthermore, the Committee notes that, according to the UDT and the UGTD, fee-charging employment agencies have been legalized in Djibouti for three years. These agencies are reported to act as filters for employment. The UDT and the UGTD state that these agencies charge jobseekers and even deduct sums illegally from workers’ wages. The Committee requests the Government to provide general information in its next report on the manner in which the Convention is applied, including a summary of the reports of the inspection services, the number and nature of the contraventions reported and any other particulars bearing on the practical application of the Convention, including the placement or recruitment of workers abroad.

2. Revision of Convention No. 96. The Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), acknowledges the role played by private employment agencies in the operation of the labour market. The Governing Body of the ILO has invited States parties to Convention No. 96 to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which would involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to keep it informed of any developments, which in consultation with the social partners, might occur in this regard.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Part II of the Convention. 1. The Committee notes the Government’s report and the documentation attached thereto. Further to its previous comments, the Committee notes that Act No. 21/AN/83/1re L of 3 February 1983 to organize the central administration of the Ministry of Labour and Social Welfare has been repealed by Act 75/AN/004e L to organize the Ministry of Employment and National Solidarity. It also notes that the provisions of Act No. 140/97/3e L of 23 September 1997 amending the Labour Code of 1952 are aimed at facilitating recruitment and eliminating administrative procedures deemed to be superfluous.

2. The Committee notes that fee-charging employment agencies are still not authorized, and asks the Government to provide information on the practical effect given to the prohibition of fee-charging agencies. Please state in particular whether any exceptions to the provisions of paragraph 1 of Article 3 of the Convention have been granted, in accordance with Article 5, paragraph 1. If so, please provide information on the number of agencies covered by these exceptions and the scope of their activities, the reasons for the exception and the measures adopted by the competent authority to supervise the activity of such agencies (Article 9).

3. Furthermore, in view of the fact that the National Employment Service has only a limited incidence of placement (only 14 job offers recorded a year) and that fee-charging agencies are prohibited, the Committee hopes to receive information on the type of entity that acts as an intermediary between jobseekers and employers in search of workers.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret 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. 1. The Committee takes note of the Government's report.

2. In its previous comments, the Committee noted that section 45 of Act No. 21/AN/83 1st L of 3 February 1983 had repealed section 178 of the CTOM which prohibited fee-charging employment agencies from operating where public service labour offices existed (except for placement operations carried out by trade unions).

3. The Committee also noted that section 37 of Act No. 21/AN/83 1st L authorized certain exceptions to the principle whereby the National Employment Service has the monopoly of placement operations.

4. In view of the contradictory information given by the Government in its various reports, regarding the legal provisions in force and the effect given to the Convention, the Committee also refers to its comments on the application of Convention No. 88 and would be grateful if the Government would:

(i) explain how the principle set out in the Convention is applied in regions where no National Employment Service offices have been established; and

(ii) state whether placement operations of the kind provided for in section 37 of the Act of 1983 exist and, if so, indicate the measures taken or contemplated to ensure the application of Article 5, paragraph 2, of the Convention with regard to their regulation.

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. 1. The Committee takes note of the Government's report.

2. In its previous comments, the Committee noted that section 45 of Act No. 21/AN/83 1st L of 3 February 1983 had repealed section 178 of the CTOM which prohibited fee-charging employment agencies from operating where public service labour offices existed (except for placement operations carried out by trade unions).

3. The Committee also noted that section 37 of Act No. 21/AN/83 1st L authorized certain exceptions to the principle whereby the National Employment Service has the monopoly of placement operations.

4. In view of the contradictory information given by the Government in its various reports, regarding the legal provisions in force and the effect given to the Convention, the Committee also refers to its comments on the application of Convention No. 88 and would be grateful if the Government would:

(i) explain how the principle set out in the Convention is applied in regions where no National Employment Service offices have been established; and

(ii) state whether placement operations of the kind provided for in section 37 of the Act of 1983 exist and, if so, indicate the measures taken or contemplated to ensure the application of Article 5, paragraph 2, of the Convention with regard to their regulation.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Part II of the Convention. 1. The Committee takes note of the Government's report.

2. In its previous comments, the Committee noted that section 45 of Act No. 21/AN/83 1st L of 3 February 1983 had repealed section 178 of the CTOM which prohibited fee-charging employment agencies from operating where public service labour offices existed (except for placement operations carried out by trade unions).

3. The Committee also noted that section 37 of Act No. 21/AN/83 1st L authorized certain exceptions to the principle whereby the National Employment Service has the monopoly of placement operations.

4. In view of the contradictory information given by the Government in its various reports, regarding the legal provisions in force and the effect given to the Convention, the Committee also refers to its comments on the application of Convention No. 88 and would be grateful if the Government would:

(i) explain how the principle set out in the Convention is applied in regions where no National Employment Service offices have been established; and

(ii) state whether placement operations of the kind provided for in section 37 of the Act of 1983 exist and, if so, indicate the measures taken or contemplated to ensure the application of Article 5, paragraph 2, of the Convention with regard to their regulation.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Part II of the Convention. 1. The Committee notes that the Government, while confirming in its report that all fee-charging employment agencies are forbidden in the country, none the less indicates that effect is given to the provisions of the Convention by section 178 of the Overseas Labour Code (CTOM) which is still in force in the Republic of Djibouti and by Act No. 21/AN/83 1st L. With reference to its earlier comments, the Committee recalls that, in its report for the period 1983-84, the Government stated that section 45 of the above Act had repealed sections 173 to 178 of the CTOM. The Committee would be grateful if, in its next report, the Government would provide all necessary information to clarify the situation of the law in this respect.

2. The Committee notes from the Government's report that no specific measures have been taken to give effect to Article 5, paragraph 2, of the Convention. The report indicates that the engagement of dockers is subject to the provisions governing the dockers' labour office and that the direct engagement of temporary domestic staff, although tolerated, remains within the competence of the National Employment Service.

In its previous comments the Committee noted that sections 36 and 37 of Act No. 21/AN/83 1st L provided for certain exceptions to the principle whereby the National Employment Service has the monopoly of placement operations.

The Committee would be grateful if the Government would keep it informed of any placement operations that may be carried out under the exceptions set out in the above provisions and to provide, as appropriate, information on the measures taken to supervise such operations, as provided for by Article 5, paragraph 2 of the Convention.

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