Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Luxembourg (Ratification: 1958)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Part II of the Convention. Progressive abolition of fee-charging employment agencies.  The Committee notes the Government’s report, in which it indicates the measures taken to monitor the activities of temporary work agencies and the recruitment of workers abroad, in accordance with Part III of the Convention. The Government recalls that the activities of temporary work agencies are subject to several conditions that include obtaining authorization from the Ministry of Labour, which bases its decisions on the views of the Employment Development Agency (ADEM) and the Labour Inspectorate. The Government also indicates that the conditions set forth in legislation for the recruitment of workers abroad vary depending on workers’ statuses. The European network of employment services, EURES, introduced through Regulation (EU) 2016/589 of the European Parliament and of the Council, allows Luxembourg employers to recruit foreign nationals from the European Union, Switzerland, Iceland, Liechtenstein and Norway. However, recruitment of foreign nationals from third countries is subject to certain requirements, including obtaining a certificate from ADEM enabling the employer to recruit the person in question, after proving that no one is available in Luxembourg whose profile corresponds to the specific post being sought after. The Committee refers once again to its previous comments and recalls that on 6 November 1958 the Government informed the ILO that its ratification of the Convention included acceptance of the provisions of Part II of the Convention. Like other member States which ratified the Convention and accepted Part II thereof, Luxembourg undertook to abolish fee-charging employment agencies conducted with a view to profit. The Committee recalls that the revision of Convention No. 96 was based on the recognition of the role played by private employment agencies in the operation of the labour market and that the modern standard in this field is now the Private Employment Agencies Convention, 1997 (No. 181). It also recalls that the ILO Governing Body invited States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which would, ipso jure, involve the immediate denunciation of Convention No. 96 (GB.273/LILS/4(Rev.1)). It once again hopes that the Government will soon be in a position to subscribe to the obligations set out in Convention No. 181. The Committee requests the Government to provide updated information on the national legislation which gives effect to Part II of the Convention and on the manner in which the Convention is applied in practice, including, for example, extracts of official reports, information on the number and nature of the contraventions reported and the penalties imposed. It also requests the Government to provide information, in consultation with the social partners, on any developments concerning the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Government indicates in its report that there has been no amendment to the legislation during the period covered by the report. With reference to its previous comments, the Committee recalls that, on 6 November 1958, the Government informed the ILO that its ratification of the Convention included acceptance of the provisions of Part II of the Convention. The Committee once again draws the Government’s attention to fact that, in the same way as the other member States which have ratified the Convention and have accepted Part II, Luxembourg undertook to abolish fee-charging employment agencies. The Committee recalls that the revision of Convention No. 96 was based on the recognition of the role played by private employment agencies in the operation of the labour market and that the modern standard in this field is now the Private Employment Agencies Convention, 1997 (No. 181). It also recalls that the Governing Body of the ILO has invited States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which would, ipso jure, involve the immediate denunciation of Convention No. 96 (GB.273/LILS/4(Rev.1)). It hopes that the Government will soon be in a position to subscribe to the obligations set out in Convention No. 181. The Committee once again requests the Government to provide information on any developments which, in consultation with the social partners, may occur in this regard. The Committee also requests the Government to provide information on the application of the Convention in practice, including the measures adopted to supervise the activities of fee-charging employment agencies, and particularly on the number and nature of the contraventions reported and the penalties imposed.

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the reply sent in October 2013 by the Government concerning the observations of the Trade Union Organization of Luxembourg (OGB-L). In October 2012, the OGB-L indicated that a number of provisions of the Act of 31 July 2012 on temporary measures respecting employment and unemployment are not in conformity with the provisions of the Convention. The Government indicates that the Act of 31 July 2012 adopting various employment measures has indeed repealed the legal principle under which authorization by the Minister of Labour and Employment is subject to the condition that temporary work agencies are confined to a single activity. It appeared necessary to repeal this principle as, in this field, the activities of temporary work agencies are becoming increasingly inseparable from those of recruitment agencies. The Government specifies that the Act does not in any way authorize temporary work agencies to engage in employment placement activities. Companies specializing in the field of recruitment are only subject to authorization by the Ministry of the Middle Classes, while temporary work agencies require a double authorization from the Ministry of the Middle Classes and the Ministry of Labour and Employment. Furthermore, in the report received in September 2014, the Government recalls the conditions governing the activities of temporary work agencies and the authorizations issued by the Ministry of Labour, which makes decisions after obtaining the views of the Employment Development Agency and the labour inspectorate, which would be in conformity with Part III. Regulation of fee-charging employment agencies. The Committee notes that on 6 November 1958 the Government informed the ILO that its ratification of the Convention included acceptance of the provisions of Part II of the Convention. The Committee once again draws the Government’s attention to the fact that, like other member States which ratified Convention No. 96 and accepted Part II thereof, Luxembourg undertook to abolish fee-charging employment agencies. The Committee recalls that the revision of Convention No. 96 was based on recognition of the role played by private employment agencies in the operation of the labour market and that the modern standard in this field is now the Private Employment Agencies Convention, 1997 (No. 181). It also recalls that 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, ipso dure, involve the immediate denunciation of Convention No. 96 (GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to provide information on any developments which may occur in this regard in consultation with the social partners.

[The Government is asked to reply in detail to the present comments in 2016.]

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

Comments from the Luxembourg Trade Union Organization (OGB-L). Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes that the OGB-L indicates that, in the observations received in October 2012, a number of provisions of the Act of 31 July 2012 concerning temporary measures with respect to employment and unemployment, are not in conformity with the provisions of Convention No. 96, which is still in force in Luxembourg. In its direct request of 2010, the Committee drew the Government’s attention to the fact that, like other member States which had ratified Convention No. 96 and had accepted its Part II, Luxembourg had undertaken to progressively abolish fee-charging employment agencies. It had also hoped that the Government would soon be in a position to assume the obligations of the Private Employment Agencies Convention, 1997 (No. 181). The Committee invites the Government to provide a report containing its own observations on the comments made by the OGB-L. The Committee also invites the Government to indicate any arrangements that are in place to ensure that temporary work placement activities in Luxembourg are in conformity with the provisions of Convention No. 96.

[The Government is asked to reply in detail to the present comments in 2013.]

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies. In reply to the Committee’s direct request of 2005, the Government indicates in its report received in October 2010 that the issue of ratifying the Private Employment Agencies Convention, 1997 (No. 181), will be analysed together with the next series of ratifications of ILO Conventions in the future. The Committee draws the Government’s attention to the fact that, like other member States which have ratified Convention No. 96 and accepted Part II of that Convention, Luxembourg undertook to progressively abolish fee-charging employment agencies. The Committee hopes that the Government will soon be in a position to assume the obligations of Convention No. 181. The Committee requests the Government to indicate in its next report any arrangements that are in place to ensure that temporary work placement activities in Luxembourg are in conformity with the provisions of Article 5 of Convention No. 96.

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

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:

1. In its report, the Government indicates that the system of placement by private employment agencies has been modified by the Act of 12 February 1999, respecting implementation of the 1998 National Action Plan for Employment.

2. The Committee recalls that the revision of Convention No. 96 was prompted by recognition of the role played by private employment agencies in the operation of the labour market and that Convention No. 181 is now the up to date standard in this area. It reminds Government 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), the ratification of 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 requests the Government to keep it informed of any developments which might occur in this regard in consultation with the social partners.

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

1. In its report, the Government indicates that the system of placement by private employment agencies has been modified by the Act of 12 February 1999, respecting implementation of the 1998 National Action Plan for Employment.

2. The Committee recalls that the revision of Convention No. 96 was prompted by recognition of the role played by private employment agencies in the operation of the labour market and that Convention No. 181 is now the up-to-date standard in this area. It reminds Government 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), the ratification of 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 requests the Government to keep it informed of any developments which might occur in this regard in consultation with the social partners.

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

Part II of the Convention. The Committee notes with interest the information supplied by the Government in reply to the previous direct request.

It notes that the Bills concerning, on the one hand, part-time work and, on the other, temporary work and the hiring out of labour have been submitted to Parliament and will be put to the vote, in all likelihood, at the end of 1991 and before the end of 1992, respectively. It notes that, according to the Government, the Bill concerning temporary work and the hiring out of labour takes account of the provisions of Articles 5, paragraph 2, and 8 of the Convention.

The Committee would be grateful if the Government would provide copies of the above texts once they have been adopted.

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

Part II of the Convention. The Committee notes with interest the information supplied by the Government in reply to its previous direct request.

It notes the statement made in the Chamber of Deputies on 23 July 1984 to the effect that the Government undertook to define the status of temporary workers in order to ensure these workers adequate social protection while retaining for enterprises the necessary flexibility.

It also notes that in his statement to Parliament on 26 March 1987, the Prime Minister reiterated the Government's desire to issue regulations concerning temporary employment contracts, and said that the Minister of Labour had recently completed a round of consultations with various employers' and workers' organisations concerning the possibility of issuing regulations concerning all forms of temporary work.

The Committee trusts that the planned measures will be adopted in the near future and in particular that they will give effect to the provisions of Articles 5 (paragraph 2) and 8 of the Convention.