Employment Service Convention, 1948 (No. 88) - Nicaragua (Ratification: 1981)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Contribution of the public employment service to employment promotion. Collaboration with the social partners. The Committee notes the Government's indication that, between 2018 and the first quarter of 2021, 81 meetings were held with employers to promote public employment services, to adapt training to the needs of the labour market and improve labour intermediation processes, with a view to facilitating access and assistance for jobseekers and enterprises. Representatives of enterprises, workers' organizations and public and private universities participated in these meetings. The Government also indicates that the Public Employment Service (SEPEM) has implemented an outreach and direct contact strategy through visits to 13,551 formal enterprises, with a view to promoting the use of its services, updating its enterprise directory and identifying their occupational and training needs. The Government indicates that, during the reporting period, 4,609 enterprises were registered with SEPEM's labour intermediation service. The Committee also notes the Government's indication that the number of SEPEM offices has been increased to 17. The Government reports that, between 2018 and the first quarter of 2021, 14,089 men and 7,139 women were placed in enterprises in various sectors through the public employment services and 24,812 men and 14,334 women were provided with guidance. During the same period, 27,760 vacancies were registered. With regard to private employment agencies, the Government indicates that inspections are being conducted to identify and regulate private employment agencies operating in the country. In this regard, the Government reports that 22 private employment agencies serving as labour intermediaries have been certified and 17 have been renewed. The Committee requests the Government to provide detailed and updated information on the nature, scope and impact of the measures taken, in collaboration with the social partners, to ensure the best possible use of the employment service. It also requests the Government to continue to provide detailed and updated information on cooperation between the public employment service and private employment agencies. The Committee further requests the Government to continue to provide detailed and updated information, disaggregated by age and sex, 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 such offices.

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

Contribution of the public employment service to employment promotion. Collaboration with the social partners. In reply to its previous comments, the Committee notes the detailed statistics provided by the Labour Intermediation Department – Public Employment Service (SEPEM) on the placements made per programme, month and sex in 2014, and other relevant data concerning the number of applications for employment received, the number of vacancies notified and the men and women workers placed in employment during the period 2007–14. The Government also indicates that, in the context of the process of promoting, developing relations with and regulating private employment agencies, the First Employment Services Meeting was held in Nicaragua in 2013 with a view to promoting strengthened cooperation for the creation of a common platform of employment services. Furthermore, since 2012, 11 meetings have been held with employers to promote employment services. The Government indicates that between 2007 and 2014 certificates have been issued for 14 private employment agencies and 19 applications for their renewal have been processed. The Committee recalls that Articles 4 and 5 of the Convention provide that arrangements shall be made through advisory committees for the cooperation of the social partners in the organization and operation of the employment service and in the development of the employment service programme. The Committee invites the Government to provide more specific information on the consultations held with the social partners with a view to obtaining their cooperation in the organization and operation of the public employment service. Please continue to provide information on cooperation between the public employment service and private employment agencies and 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 such offices (Part IV of the report form).

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

Contribution of the public employment service to employment promotion. Collaboration with the social partners. In reply to its previous comments, the Committee notes the detailed statistics provided by the Labour Intermediation Department – Public Employment Service (SEPEM) on the placements made per programme, month and sex in 2014, and other relevant data concerning the number of applications for employment received, the number of vacancies notified and the men and women workers placed in employment during the period 2007–14. The Government also indicates that, in the context of the process of promoting, developing relations with and regulating private employment agencies, the First Employment Services Meeting was held in Nicaragua in 2013 with a view to promoting strengthened cooperation for the creation of a common platform of employment services. Furthermore, since 2012, 11 meetings have been held with employers to promote employment services. The Government indicates that between 2007 and 2014 certificates have been issued for 14 private employment agencies and 19 applications for their renewal have been processed. The Committee recalls that Articles 4 and 5 of the Convention provide that arrangements shall be made through advisory committees for the cooperation of the social partners in the organization and operation of the employment service and in the development of the employment service programme. The Committee invites the Government to provide more specific information on the consultations held with the social partners with a view to obtaining their cooperation in the organization and operation of the public employment service. Please continue to provide information on cooperation between the public employment service and private employment agencies and 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 such offices (Part IV of the report form).

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

Contribution of the public employment service to employment promotion. Collaboration with the social partners. In reply to its previous comments, the Committee notes the detailed statistics provided by the Labour Intermediation Department – Public Employment Service (SEPEM) on the placements made per programme, month and sex in 2014, and other relevant data concerning the number of applications for employment received, the number of vacancies notified and the men and women workers placed in employment during the period 2007–14. The Government also indicates that, in the context of the process of promoting, developing relations with and regulating private employment agencies, the First Employment Services Meeting was held in Nicaragua in 2013 with a view to promoting strengthened cooperation for the creation of a common platform of employment services. Furthermore, since 2012, 11 meetings have been held with employers to promote employment services. The Government indicates that between 2007 and 2014 certificates have been issued for 14 private employment agencies and 19 applications for their renewal have been processed. The Committee recalls that Articles 4 and 5 of the Convention provide that arrangements shall be made through advisory committees for the cooperation of the social partners in the organization and operation of the employment service and in the development of the employment service programme. The Committee invites the Government to provide more specific information on the consultations held with the social partners with a view to obtaining their cooperation in the organization and operation of the public employment service. Please continue to provide information on cooperation between the public employment service and private employment agencies and 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 such offices (Part IV of the report form).

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

Collaboration with the social partners. In the report received in September 2011, the Government provides details of a strategy for approaching the social partners with a view to compiling job offers and making them available to users of the Public Employment Service (SEPEM). The Committee notes that SEPEM holds meetings with representatives of the business sector and that cooperation agreements have been signed with organizations involved in foreign investment in the country. Since 2010, diagnoses of training requirements have been conducted so as to take into account the needs of enterprises and the productive capacity of municipalities in order to improve the placement of workers. The Government also mentions the National Youth Employment Committee and the National Labour Council as essential bodies in social dialogue. The Committee notes that specific steps are being taken for cooperation between SEPEM and the social partners. It points out that Articles 4 and 5 of the Convention provide for arrangements to be made through advisory committees to obtain the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy. It asks the Government in its next report to indicate the arrangements made by the National Labour Council for consultations to be conducted and tripartite committees to be established as required by Articles 4 and 5 of the Convention. The Committee reiterates its interest in receiving detailed information on the cooperation of the social partners in the functioning of the Public Employment Service.

Cooperation with private employment agencies. In response to the previous direct request, the Government states that a handbook has been produced for use by private employment agencies. The Committee points out that in its General Survey of 2010 concerning employment instruments (paragraphs 785–790), it observed that Conventions Nos 88, 122, 142 and 181 (Nicaragua has already ratified Conventions Nos 88, 122 and 142) form a necessary building block for employment growth. The Committee refers the Government in this connection to Convention No. 181, which contains provisions regulating the operation of such agencies. The Committee invites the Government to examine, together with the social partners, the possibility of ratifying Convention No. 181, the implementation of which would strengthen labour market institutions. It asks the Government to include in its next report on Convention No. 88 information on effective cooperation between the public employment service and private employment agencies.

Practical information on the application of the Convention. The Committee welcomes the statistics provided by the Government on labour market integration for the period 2007–11. It asks the Government to continue to provide statistical 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 such offices (Part IV of the report form).

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

Collaboration with the social partners. Articles 4 and 5 of the Convention. The Committee notes the report received in August 2009 in which the Government replies that no advisory committees have been set up to secure the cooperation of representatives of employers and workers. The Government refers to the information already provided concerning the national employment and decent work policy and the programmes to generate employment, provide vocational training and support the integration of women into the labour market. The Committee understands that the Government is proposing to strengthen the National Labour Council so that it contributes to devising and implementing employment and decent work policies and programmes. The Committee therefore requests the Government to take the provisions of Articles 4 and 5 of Convention No. 88 into account to secure the cooperation of representatives of employers and workers in the organization and operation of the employment service, as well as in the development of employment service policy. The Committee also refers to its comments concerning the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142), and requests the Government to provide information on the progress which has been made in applying the above provisions of Convention No. 88.

Cooperation with private employment agencies. The Committee understands that the operation of placement services and private employment agencies is regulated by Ministerial Agreement No. JCHG-004-04-07 of 25 April 2007. The Committee once again requests the Government to provide information on the effective cooperation secured between the public employment service and private employment agencies.

Practical information on the application of the Convention. The Committee requests the Government to include in its next report any statistics published 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 such offices (Part IV of the report form).

[The Government is asked to reply in detail to the present comments in 2011.]

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

1. Organization of the employment service. Cooperation with private employment agencies. The Committee notes the Government’s report, which provides updated information on the electronic labour exchange system, which is among the services offered by the Ministry of Labour. The Government indicates that the essential function of the public employment service, in coordination with public and private agencies, will be to achieve the best possible organization of the employment market. In this respect, the Committee notes the Decision of the Ministry of Labour, of 21 October 1997, respecting the authorization and operation of private employment agencies, which authorizes, supervises and controls the operation of private employment agencies. The Committee refers to the instruments on private employment agencies adopted by the International Labour Conference at its 85th Session (1997) - Convention No. 181 and Recommendation No. 188 - which establish guidance on regulating the operation of such agencies and it hopes that the Government will be able to provide further information on the effective cooperation secured between the public employment service and private employment agencies, as required by Article 11 of the Convention.

2. Collaboration with the social partners. For many years, the Committee has been requesting the Government to indicate the manner in which the provisions of Articles 4 and 5 of the Convention are taken into account in securing the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy. The Committee hopes that the Government will provide information in its next report demonstrating that progress has been achieved in giving effect to these provisions of the Convention.

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

The Committee notes the Government's report and would be grateful if the Government would continue to provide statistical information and other documentation as required under point IV of the report form. Please also refer to the following points.

1. Articles 4 and 5 of the Convention. In response to previous comments, the Government states that various replacement instruments are being developed after consultation of employers' and workers' organizations to obtain increased effectiveness in the struggle against unemployment. The Committee again requests the Government to take into account that the above provisions of the Convention provide that suitable arrangements shall be made through advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service programme. The Committee trusts that the Government will continue to take the necessary measures to give effect to the provisions of the Convention.

2. Article 9. The Committee notes from the Government's information that the staff of the National Employment and Salaries Service are recruited with sole regard to their qualifications for the performance of their duties. The Committee recalls the provisions of Article 9 and trusts that the Government will be able to provide additional information on the legal status and conditions of service of employment service staff, indicating, in particular, whether they are independent of changes of Government and of improper external influences and, subject to the needs of the service, are assured of stability of employment.

3. Article 11. The Committee notes from the Government's information that there are no private employment agencies conducted with a view to profit. The Committee would be grateful if the Government would provide a copy of the Ministerial Resolution of 21 October 1997, with respect to the authorization and regulation of the operation of private employment agencies, referred to in the Government's report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the statistical information requested under point IV of the report form provided by the Government in its report, together with a brief statement concerning the regional structure of the Employment Service. It observes, however, that the Government has not supplied any new information in reply to its previous comments. The Committee therefore hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 4 and 5. The Committee notes the information concerning the activities of the national employment advisory committees and their contribution to the employment policies in different branches of the economy. It also notes from the Government's report received in March 1991 that these committees were functioning until March 1988 and since that time their activities have been suspended. The Committee therefore asks the Government to indicate the arrangements made to give effect to these Articles of the Convention which provide that suitable arrangements shall be made through advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy.

Article 9. The Committee notes that the Government refers in its reports to Chapter V of the Political Constitution of Nicaragua which contains provisions concerning labour rights and to the Act on Civil Service (Law No. 70 of 1990) containing similar provisions. It also notes from the Government's report received in March 1991 that this Act has been suspended as long as there are no regulations issued under it. The Committee hopes that in its next report the Government will supply further information concerning the legal status and conditions of service of employment service staff, indicating, in particular, whether they are independent of changes of government and of improper external influences and, subject to the needs of the service, are assured of stability of employment, as required under this Article.

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

The Committee takes note of the information supplied by the Government in June 1990 and in March 1991 in reply to its earlier comments, and in particular that concerning the organisation and functioning of the employment services requested under Articles 6 and 7 of the Convention and point IV of the report form.

Articles 4 and 5. The Committee notes the information concerning the activities of the national employment advisory committees and their contribution to the employment policies in different branches of the economy. It also notes from the Government's report received in March 1991 that these committees were functioning until March 1988 and since that time their activities have been suspended. The Committee therefore asks the Government to indicate the arrangements made to give effect to these Articles of the Convention which provide that suitable arrangements shall be made through advisory committees for the cooperation of representatives of employers and workers in the organisation and operation of the employment service and in the development of employment service policy.

Article 9. The Committee notes that the Government refers in its reports to Chapter V of the Political Constitution of Nicaragua which contains provisions concerning labour rights and to the Act on Civil Service (Law No. 70 of 1990) containing similar provisions. It also notes from the Government's report received in March 1991 that this Act has been suspended as long as there are no regulations issued under it. The Committee hopes that in its next report the Government will supply further information concerning the legal status and conditions of service of employment service staff, indicating, in particular, whether they are independent of changes of government and of improper external influences and, subject to the needs of the service, are assured of stability of employment, as required under this Article.

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

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. Articles 4 and 5 of the Convention. The Committee noted the establishment of the national employment advisory committees composed of the directors of human resources of the bodies responsible for the nine sectors of economic activity. In its report, the Government stated that in a planned second phase, the national employment advisory committees will make a valuable contribution to employment policies concerning the different branches and will be a reliable source of information for the single employment and wages statistics system. The Committee would be grateful if the Government would supply the information elicited in the report form regarding the arrangements made through the national employment advisory committees for enlisting the co-operation of the representatives of employers and workers in the organisation and operation of the employment service, and in the development of employment service policy. Please indicate also whether any measures have been taken to consult the employers and workers of the rural sector on the operation of the public employment offices.

2. Articles 6 and 7 and point IV of the report form. The Committee referred to the conclusions and recommendations of the ILO/DANIDA project (OIT/DANIDA/NIC/80/2) "Strengthening the national training system and placement services" which referred, in particular, to difficulties in the area of statistics and information, and to the need to co-ordinate the activities of the public employment offices with vocational training. Please indicate measures taken as a result of these conclusions and recommendations. The Committee reiterates its interest in receiving the information requested in this section of the report form, so that it can fully ascertain the manner in which the Convention is being implemented.

3. Article 9. The Committee took note of the provisions of sections 38-42 of the 1982 Basic Act of the Ministry of Labour, which lay down the functions, objectives, responsibilities and tasks of the National Employment and Wages Council and the national employment service. Please provide full particulars, as requested in the report form, on the legal status and conditions of service of the employment service staff guaranteeing that they are independent of changes of Government and of improper external influences and, subject to the needs of the service, assuring them stability of employment.