Employment Service Convention, 1948 (No. 88) - Aruba

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

Articles 1 and 2 of the Convention. Contribution of the employment services to employment promotion. In response to the Committee’s previous comments, initially made in 2015, the Government provides information on the results of a Labour Force Survey (LFS) which it conducted in 2018, in collaboration with the Central Bureau of Statistics and the Central Bank of Aruba. The Government reports that, according to the LFS, (i) the unemployment rate fell from 8.9 per cent in 2017 to 7.3 per cent in 2018, largely due to the decrease in the number of unemployed persons; (ii) the unemployment rate for men fell from 9.2 per cent in 2017 to 7.4 per cent in 2018, while the women's unemployment rate dropped from 8.6 per cent to 7.2 per cent; and (iii) the youth unemployment rate decreased from 19.4 per cent in 2017 to 16.2 per cent in 2018. The Committee also takes note of the Government’s indication that the data and the trends identified in this study will serve to help policymakers, administrators, researchers and entrepreneurs to further improve and refine their policy regarding the labor market. Nevertheless, noting that the Government does not provide information responding to the Committee’s previous comments, it reiterates its request that the Government provide detailed information, including statistics, on the activities carried out by the employment service and to indicate the manner in which it ensures the best possible organization of the employment market, in accordance with Article 1(2) of the Convention. The Committee also reiterates its request that the Government provide information on the measures taken to secure effective cooperation between the public employment service and private employment agencies (Article 11), as well as on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices (part IV of the report form).

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

The Committee notes with concern 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

Article 1 of the Convention. Contribution of the employment service to employment promotion. The Government of Aruba indicates in its report that, in 2013, Parliament adopted a state ordinance on the provision of labour which regulates the activities of private employment agencies, such as the licensing requirements of the agencies and possible sanctions. Moreover, the Committee notes the statistics provided by the Government on the application of the Convention, including the number of registered jobseekers and the number of persons placed in employment. The Committee requests the Government to continue to provide information on the activities carried out by the employment service and the manner in which it ensures “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2) of the Convention). It also requests the Government to provide information on the measures taken to secure effective cooperation between the public employment service and private employment agencies (Article 11). Please also continue to provide information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 1 of the Convention. Contribution of the employment service to employment promotion. The Government of Aruba indicates in its report that, in 2013, Parliament adopted a state ordinance on the provision of labour which regulates the activities of private employment agencies, such as the licensing requirements of the agencies and possible sanctions. Moreover, the Committee notes the statistics provided by the Government on the application of the Convention, including the number of registered jobseekers and the number of persons placed in employment. The Committee requests the Government to continue to provide information on the activities carried out by the employment service and the manner in which it ensures “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2) of the Convention). It also requests the Government to provide information on the measures taken to secure effective cooperation between the public employment service and private employment agencies (Article 11). Please also continue to provide information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices.

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

Article 1 of the Convention. Contribution of the employment service to employment promotion. The Government of Aruba indicates in its report that, in 2013, Parliament adopted a state ordinance on the provision of labour which regulates the activities of private employment agencies, such as the licensing requirements of the agencies and possible sanctions. Moreover, the Committee notes the statistics provided by the Government on the application of the Convention, including the number of registered jobseekers and the number of persons placed in employment. The Committee requests the Government to continue to provide information on the activities carried out by the employment service and the manner in which it ensures “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2) of the Convention). It also requests the Government to provide information on the measures taken to secure effective cooperation between the public employment service and private employment agencies (Article 11). Please also continue to provide information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices.

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

Articles 1 and 2 of the Convention. Contribution of employment services to employment promotion. The Committee notes the replies provided by the Government of Aruba in a report received in November 2009 in response to its 2007 direct request. The Government refers to its previous reports regarding the cooperation between public employment services and private employment agencies. The Committee notes that, in its General Survey of 2010 on employment instruments, it recalled that public employment services and private agencies are both actors in the labour market and should therefore mutually benefit from cooperation, as their common aim is to ensure a well-functioning labour market and the achievement of full employment. The Committee observes that, when private agencies operate in a particular labour market, an appropriate legal framework might be adopted to regulate them (please refer to Chapter III of the General Survey of 2010 on Convention No. 88 and the Private Employment Agencies Convention, 1997 (No. 181)). The Committee invites the Government to provide in its next report updated information on the powers and functions of the authority responsible for a free public employment service in Aruba, including indications on any initiative taken to ensure the needs of particular categories of applicants (Article 7). Please also provide the data on the operation of the public employment services required in Part IV of the report form.

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

1. The Committee notes the report supplied by the authorities of Aruba received in May 2006 along with the documents annexed to the report (the Reintegration Pilot Project Report (Annex IX) and the Reintegration Project (Annex X)). It recalls that the Government of the Netherlands declared, in January 1986, that, in view of local conditions, the obligations of Convention No. 88 will be applied to Aruba, with the exception of Articles 4, 5, 6, paragraph (d), and 8 of the Convention.

2. Articles 1 and 2 of the Convention. In reply to the Committee’s previous comment concerning cooperation of the public employment service and private employment agencies, the report indicates that cooperation between temporary private employment agencies and the public employment service was limited to data receipts in order to prepare data for the Research Division of the Labour Department. There are two categories of private employment agencies, namely one for the recruitment of temporary manpower of legal residents and the other which deals with the recruitment of foreign workers. In both cases, it is the private recruitment agencies, and not the companies they work for, which employ these workers. Having regard to the essential duty of the free employment service to ensure, in cooperation where necessary with other public and private bodies concerned, the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment, the Committee reiterates its hope that the next report will include information on the powers and functions of the authority responsible for the system of the free public employment service. It would also like receiving further details on measures taken to increase cooperation between the public employment service and private employment agencies.

3. Article 7. In reply to previous comments, the Government’s report indicates that no new measures had been taken to give effect to facilitate specialization within the employment service by occupations and industries. As regards special categories of applicants, namely individuals on welfare, the Reintegration Pilot Project had been launched in March 2005. The Pilot Project was executed in collaboration with the Department of Social Affairs and took place over a six-month period. Even though the result of the Pilot Project did not reflect the desired outcome (only seven out of 44 who participated received permanent placements), it provided insights into new methods and issues to be addressed that could be applied for the continuation of the project. Following the results of the Reintegration Pilot Project, the Committee asks the relevant authorities to keep it informed of further initiatives taken to ensure that the needs of particular categories of applicants are adequately met.

4. Part IV of the report form. In response to the comments of the Committee on the low level of placement with respect to the number of persons sent for job vacancies, the Government said that this was indicative of the high number of jobseekers with little or no education who are registered with the employment services. In general, these were persons referred to the service by the Department of Social Affairs and for whom the abovementioned Pilot Project was designed. The Committee welcomes receiving such information and hopes that the next report will continue to include the practical data on the application of the Convention required by the report form.

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

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 2003 direct request, which read as follows:

The Committee notes the detailed report supplied by the authorities of Aruba, received in November 2002, which includes observations made by the Federation of Workers of Aruba (FTA) and the Union of Public Employees of Aruba (SEPA), as well as the reply of the authorities. It recalls that the Government of the Netherlands declared, in January 1986, that, in view of local conditions, the obligations of Convention No. 88 will be applied to Aruba with the exception of Articles 4, 5, 6, paragraph (d), and 8.

Articles 1 and 2 of the Convention. The report indicates that according to the law, only the Department of Labour has the lawful authority to mediate between employers and applicants for a job. Two employment offices in Aruba are privately owned companies specializing in temporary manpower for locals. Some 30 consultancy businesses are engaged in job mediation for temporary employment for foreign workers. The authorities tolerate the operation of both the temporary manpower and consultancy businesses. Referring to Article 2 of the Convention, the FTA claims that there are more than two temporary manpower companies and in their view they are illegal. The authorities state that the employment services companies are tolerated because they place workers in employment. The Committee recalls that the essential duty of the free employment service shall be to ensure, in cooperation where necessary with other public and private bodies concerned, the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment (Article 1 of the Convention). It would appreciate receiving further details of the powers and function of the authority responsible for the direction of the system of the free public employment service. With regard to the cooperation of the public employment service and private employment agencies, as well as the adequate protection for the workers concerned, the authorities of Aruba might consider it useful to examine the instruments on private employment agencies adopted by the Conference at its 85th Session (June 1997). In this respect, the Committee recalls that Convention No. 181 was ratified by the Netherlands in September 1999.

Article 7. The Committee notes that SEPA has expressed reservations with regard to compliance with this Article because of the plans of the authorities for a reorganization of the Labour Department. The Committee trusts that the authorities will provide particulars concerning the arrangements made to give effect to this Article, including the occupations, industries and special categories of applicants for which specialized arrangements have been made, such as persons with disabilities.

Part IV of the report form. SEPA points out that only 118 persons out of 979 who were sent for job vacancies were placed in employment. The Committee notes the statement by the authorities indicating that, with the recent introduction of a computerized registration system, it hopes to further comply with the request for statistical information for the next reporting period.

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

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:

The Committee notes the detailed report supplied by the authorities of Aruba, received in November 2002, which includes observations made by the Federation of Workers of Aruba (FTA) and the Union of Public Employees of Aruba (SEPA), as well as the reply of the authorities. It recalls that the Government of the Netherlands declared, in January 1986, that, in view of local conditions, the obligations of Convention No. 88 will be applied to Aruba with the exception of Articles 4, 5, 6, paragraph (d), and 8.

Articles 1 and 2 of the Convention. The report indicates that according to the law, only the Department of Labour has the lawful authority to mediate between employers and applicants for a job. Two employment offices in Aruba are privately owned companies specializing in temporary manpower for locals. Some 30 consultancy businesses are engaged in job mediation for temporary employment for foreign workers. The authorities tolerate the operation of both the temporary manpower and consultancy businesses. Referring to Article 2 of the Convention, the FTA claims that there are more than two temporary manpower companies and in their view they are illegal. The authorities state that the employment services companies are tolerated because they place workers in employment. The Committee recalls that the essential duty of the free employment service shall be to ensure, in cooperation where necessary with other public and private bodies concerned, the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment (Article 1 of the Convention). It would appreciate receiving further details of the powers and function of the authority responsible for the direction of the system of the free public employment service. With regard to the cooperation of the public employment service and private employment agencies, as well as the adequate protection for the workers concerned, the authorities of Aruba might consider it useful to examine the instruments on private employment agencies adopted by the Conference at its 85th Session (June 1997). In this respect, the Committee recalls that Convention No. 181 was ratified by the Netherlands in September 1999.

Article 7. The Committee notes that SEPA has expressed reservations with regard to compliance with this Article because of the plans of the authorities for a reorganization of the Labour Department. The Committee trusts that the authorities will provide particulars concerning the arrangements made to give effect to this Article, including the occupations, industries and special categories of applicants for which specialized arrangements have been made, such as persons with disabilities.

Part IV of the report form. SEPA points out that only 118 persons out of 979 who were sent for job vacancies were placed in employment. The Committee notes the statement by the authorities indicating that, with the recent introduction of a computerized registration system, it hopes to further comply with the request for statistical information for the next reporting period.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the detailed report supplied by the authorities of Aruba, received in November 2002, which includes observations made by the Federation of Workers of Aruba (FTA) and the Union of Public Employees of Aruba (SEPA), as well as the reply of the authorities. It recalls that the Government of the Netherlands declared, in January 1986, that, in view of local conditions, the obligations of Convention No. 88 will be applied to Aruba with the exception of Articles 4, 5, 6, paragraph (d), and 8.

Articles 1 and 2 of the Convention. The report indicates that according to the law, only the Department of Labour has the lawful authority to mediate between employers and applicants for a job. Two employment offices in Aruba are privately owned companies specializing in temporary manpower for locals. Some 30 consultancy businesses are engaged in job mediation for temporary employment for foreign workers. The authorities tolerate the operation of both the temporary manpower and consultancy businesses. Referring to Article 2 of the Convention, the FTA claims that there are more than two temporary manpower companies and in their view they are illegal. The authorities state that the employment services companies are tolerated because they place workers in employment. The Committee recalls that the essential duty of the free employment service shall be to ensure, in cooperation where necessary with other public and private bodies concerned, the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment (Article 1 of the Convention). It would appreciate receiving further details of the powers and function of the authority responsible for the direction of the system of the free public employment service. With regard to the cooperation of the public employment service and private employment agencies, as well as the adequate protection for the workers concerned, the authorities of Aruba might consider it useful to examine the instruments on private employment agencies adopted by the Conference at its 85th Session (June 1997). In this respect, the Committee recalls that Convention No. 181 was ratified by the Netherlands in September 1999.

Article 7. The Committee notes that SEPA has expressed reservations with regard to compliance with this Article because of the plans of the authorities for a reorganization of the Labour Department. The Committee trusts that the authorities will provide particulars concerning the arrangements made to give effect to this Article, including the occupations, industries and special categories of applicants for which specialized arrangements have been made, such as persons with disabilities.

Part IV of the report form. SEPA points out that only 118 persons out of 979 who were sent for job vacancies were placed in employment. The Committee notes the statement by the authorities indicating that, with the recent introduction of a computerized registration system, it hopes to further comply with the request for statistical information for the next reporting period.