Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Côte d'Ivoire (Ratification: 1992)

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

Part III of the Convention. Articles 13 and 14. Regulation of fee-charging employment agencies. The Committee notes the information provided by the Government, including the list of 140 approved employment agencies on the technological platform of the Youth Employment Agency, as well as the statistics provided on applications for employment, vacancies and the persons placed in employment by fee-charging employment agencies. It also notes the information provided by the Government on the procedure established for the regular supervision of the activities of fee-charging employment agencies. With regard to the application of the Convention, the Government refers to the legislative measures and administrative practices adopted, including the organization of periodic meetings for the exchange of information with employment offices on regulation, with regular information outlining the limits of the scope of their activities. It also refers to the provisions of Decree No. 96-193 of 7 March 1996, which provide for means of supervision of fee-paying agencies, the enforcement of which in case of violation may give rise to administrative and criminal penalties, as provided for in sections 21 and 22 of Decree No. 96-193. With regard to the impact of the measures taken, the Government mentions, inter alia, the involvement of office managers in the implementation of employment and internship projects, as priority partners of the Youth Employment Agency in the context of the outsourcing of its activities. With regard to the regular supervision of the activities of fee-charging employment agencies, the Government indicates that supervision by the Youth Employment Agency is minimal, despite the fact that labour and social laws inspectors are in place. These inspectors are assigned specifically to the supervision of the employment of non-Ivorian workers. The Government adds that joint supervision involving General Labour Directorate labour inspectors and Youth Employment Agency labour inspectors should be considered for improved results. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supervision of the activities of fee-paying employment agencies by General Labour Directorate labour inspectors and Youth Employment Agency labour controllers and to extend such supervision beyond the area of the employment of non-Ivorians. It further requests the Government to include in its next report practical information on the measures adopted by the competent authority to supervise the activities of the employment agencies covered by the Convention, indicating whether the courts have given decisions involving questions of principle relating to the application of the Convention and providing a summary of inspection reports, information on the number and nature of violations detected and any other particulars bearing on the practical application of the Convention (Article 14 of the Convention and Parts IV and V of the report form).

Revision of Convention No. 96. The Committee recalls that the Governing Body of the ILO (at its 337th Session in October 2019), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), classified Convention No. 96 as being in the category of instruments that are no longer up to date and placed an item on the agenda of the International Labour Conference in 2030 (119th Session) for due consideration to be given to its abrogation. The Committee recalls that the Governing Body of the ILO, at its 273rd Session in November 1998, invited the States 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. Recalling that the ratification and application of Convention No. 181 would contribute to strengthening vigilance with regard to the activities of private employment agencies and the protection of workers, the Committee encourages the Government to follow up on the decision adopted by the Governing Body at its 337th Session (October 2019) approving the recommendations of the SRM TWG and to consider ratifying the Private Employment Agencies Convention, 1997 (No. 181), which is the most up-to-date instrument in this subject area.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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

Part III of the Convention. Articles 13 and 14. Regulation of fee-charging employment agencies. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure regular supervision of the activities of fee-charging employment agencies. In this regard, the Government indicates in its report that Decrees Nos 96-193 and 96-194 of 7 March 1996 ensure the regular supervision of the activities of fee-charging employment agencies and establish penalties for violations. The Committee recalls in this respect that Article 13 of the Convention provides that appropriate penalties, including the withdrawal when necessary of the licences and authorizations granted to fee-charging employment agencies, shall be prescribed for any violation of the national legislation in this regard. The Government adds that supervision of the activities or fee-charging employment agencies in the country is carried out through the monthly publication of a list of approved employment agencies on the technological platform of the Youth Employment Agency, and through the quarterly compilation of statistics on applications for employment, vacancies and the persons placed in employment on a quarterly basis by fee-charging employment agencies. The Government also reports that the labour inspection services carry out regular supervision to verify that the activities undertaken by fee-charging employment agencies are in compliance with the legislation in force. The Committee once again requests the Government to provide detailed information on the measures taken to ensure the regular supervision of the activities of fee-charging employment agencies and to provide information on the impact of these measures. It once again requests the Government to provide general information on the manner in which the Convention is applied, including extracts from official reports, information on the number and nature of infringements reported and the penalties imposed, and any other information on the application of the Convention in practice. In this regard, the Committee requests the Government provide a copy of the list of approved employment agencies referred to above on the technological platform of the Youth Employment Agency, as well as statistics on applications for employment, vacancies and persons placed in employment on a quarterly basis by fee-charging employment agencies.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Part III of the Convention. Regulation of fee-charging employment agencies. In reply to the observation of 2006, the Government indicates in a report received in June 2010 that the activities of temporary work enterprises can in fact be deemed equivalent to those of a fee-charging employment agency, since they are also conducted with a view to profit. The Government indicates, however, that the promulgation of two different decrees, one concerning fee-charging employment agencies (No. 96-193 of 7 March 1996) and the other concerning temporary work (No. 96-194 of 7 March 1996), stems from the fact that, in the case of fee-charging employment agencies, the employment relationship ceases once the worker has been made available to the employer whereas, in the case of temporary work enterprises, the employment relationship may continue for up to six months. Under these circumstances, the Committee notes the Government’s statement to the effect that it does not consider the ratification of the Private Employment Agencies Convention, 1997 (No. 181), to be necessary. The Committee notes that, in 2008, a total of 37 approved employment agencies, 27 of which deal with temporary work and ten with placements subject to payment, received 2,519 requests for employment and actually placed 226 jobseekers in companies. In reply to the previous comments, the Government indicates that the renewal of the operating licence takes place on an annual basis and occurs on presentation of the statistics concerning job offers and requests and placements of jobseekers. The Government also indicates that, at the opening of a temporary work enterprise, the licence costs 250,000 CFA francs (XOF) and its renewal costs XOF200,000 per year and, for fee-charging employment agencies, the licence costs XOF200,000 and its renewal costs XOF100,000 per year. The Government states that there is no competition between fee-charging employment agencies and the Agency for Employment Research and Promotion (AGEPE) but that certain placement agencies do not supply statistics because they work within the informal economy after obtaining the initial licence. The Government states that, in such cases, licences will not be renewed because one of the conditions for the renewal of licences is the production of statistics. However, the Government indicates that the controls exercised by the AGEPE are minimal and that, since the liberalization of the activities of employment agencies, just one office has been closed for failing to adhere to its stated objectives. The Committee requests the Government to continue to supply information on the steps taken to ensure regular controls on the activities of fee-charging employment agencies. It recalls that Article 13 of the Convention states that appropriate penalties, including the withdrawal when necessary of the licences and authorizations provided for by the Convention, shall be prescribed for any violation of the relevant national legislation. The Committee also requests the Government to continue to supply general information on the manner in which the Convention is applied, including, for instance, extracts from official reports, information on the number and nature of infringements reported, and any other particulars relating to the practical application of the Convention.

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

Part III of the Convention. Regulation of fee-charging employment agencies. In reply to the observation of 2006, the Government indicates in a report received in June 2010 that the activities of temporary work enterprises can in fact be deemed equivalent to those of a fee-charging employment agency, since they are also conducted with a view to profit. The Government indicates, however, that the promulgation of two different decrees, one concerning fee-charging employment agencies (No. 96-193 of 7 March 1996) and the other concerning temporary work (No. 96-194 of 7 March 1996), stems from the fact that, in the case of fee-charging employment agencies, the employment relationship ceases once the worker has been made available to the employer whereas, in the case of temporary work enterprises, the employment relationship may continue for up to six months. Under these circumstances, the Committee notes the Government’s statement to the effect that it does not consider the ratification of the Private Employment Agencies Convention, 1997 (No. 181), to be necessary. The Committee notes that, in 2008, a total of 37 approved employment agencies, 27 of which deal with temporary work and ten with placements subject to payment, received 2,519 requests for employment and actually placed 226 jobseekers in companies. In reply to the previous comments, the Government indicates that the renewal of the operating licence takes place on an annual basis and occurs on presentation of the statistics concerning job offers and requests and placements of jobseekers. The Government also indicates that, at the opening of a temporary work enterprise, the licence costs 250,000 CFA francs (XOF) and its renewal costs XOF200,000 per year and, for fee-charging employment agencies, the licence costs XOF200,000 and its renewal costs XOF100,000 per year. The Government states that there is no competition between fee-charging employment agencies and the Agency for Employment Research and Promotion (AGEPE) but that certain placement agencies do not supply statistics because they work within the informal economy after obtaining the initial licence. The Government states that, in such cases, licences will not be renewed because one of the conditions for the renewal of licences is the production of statistics. However, the Government indicates that the controls exercised by the AGEPE are minimal and that, since the liberalization of the activities of employment agencies, just one office has been closed for failing to adhere to its stated objectives. The Committee requests the Government to continue to supply information on the steps taken to ensure regular controls on the activities of fee-charging employment agencies. It recalls that Article 13 of the Convention states that appropriate penalties, including the withdrawal when necessary of the licences and authorizations provided for by the Convention, shall be prescribed for any violation of the relevant national legislation. The Committee also requests the Government to continue to supply general information on the manner in which the Convention is applied, including, for instance, extracts from official reports, information on the number and nature of infringements reported, and any other particulars relating to the practical application of the Convention.

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

1. Activities of temporary work enterprises. Revision of Convention No. 96. The Committee notes the Government’s indication, in its report received in June 2006, that the activities of temporary work enterprises, as they operate in Côte d’Ivoire, cannot be assimilated to those of a fee-charging employment agency. The Committee nevertheless refers to the comments that it has been making for many years and draws the Government’s attention to the fact that, under the terms of Article 1, paragraph 1(a), of the Convention, temporary work enterprises are covered by the definition of fee-charging employment agencies. The Committee once again requests the Government to indicate the manner in which the legal regime of temporary work enterprises is in conformity with the provisions of the Convention. In this connection, the Committee recalls that the Governing Body of the ILO invited 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 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 report on any developments which may occur in this respect, in consultation with the social partners.

2. Part III of the Convention. Regulation of fee-charging employment agencies. The Government indicates in its report that fee-charging employment agencies are approved for three years to take into account the national context, and that the administrative conditions for renewal are such that annual renewal appears almost impossible. The Committee refers once again to Article 10(b), which provides that such agencies shall be required to be in possession of a yearly licence renewable at the discretion of the competent authority so that they can be subject to regular supervision and it trusts that the Government will make every effort to give full effect to this provision of the Convention.

3. Supervision of the activities of fee-charging employment agencies. The Committee notes that the Agency for Employment Studies and Promotion (AGEPE) is entrusted with the function of approving fee-charging employment agencies and that in this capacity it is responsible for their regular supervision. The Government indicates in its report that, for this purpose, employment agencies are under the obligation to notify the vacancies received and the number of workers placed in employment so that statistics can be established and projections made. However, the Committee notes the Government’s statement that, in practice, the AGEPE as a regulatory body is in competition with fee-charging employment agencies, and that the agencies do not therefore see the need to notify their statistics to a de facto competitor. The Committee requests the Government to provide further particulars in this respect and to indicate the appropriate penalties established, including the withdrawal where necessary of licences and authorizations, for any violation of the provisions of the national legislation respecting supervision by the competent authorities of the activities of fee-charging employment agencies (Articles 13 and 14).

4. Part V of the report form. The Committee draws the Government’s attention to the importance of the regular provision of up to date information on the application of the Convention in practice so as to enable it to examine the effect given to the provisions of the Convention. In this respect, it requests the Government to provide all available information on the manner in which the Convention is applied in practice, and particularly statistics on fee-charging placement activities, and on the number and nature of the infringements reported.

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

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 1999 direct request, which read as follows:

Part III of the Convention. The Committee notes that the Government’s report and the information it contains in reply to its 1999 direct request. It would be grateful if the Government would supply additional information in its next report on the following points.

Article 1, paragraph 1(a). The Committee notes the indication that temporary work enterprises come under a different legal regime from fee-charging employment agencies. It recalls that these enterprises fall into the same category as fee-charging employment agencies conducted with a view to profit as defined by the Convention. The Committee requests the Government to indicate the manner in which the different legal regime to which it refers, regulates temporary work enterprises so as to be in conformity with the provisions of the Convention.

Article 10. The Committee notes the adoption of Decree No. 96-193 of 7 March 1996 regarding fee-charging employment agencies. It observes that under section 9 of this Decree, fee-charging employment agencies must file a "declaration of existence", renewable every three years. In this connection, the Committee recalls that the Convention stipulates that these agencies must possess a yearly licence renewable at the discretion of the competent authority. It asks the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

Article 14. The Committee notes that the Agency for the Study and Promotion of Employment (AGEPE) is responsible for monitoring fee-charging employment agencies. It requests the Government to describe the measures taken by the AGEPE to ensure monitoring of the operations of fee-charging employment agencies.

Part V of the report form. Please supply all useful information on the manner in which the Convention is applied in practice, in particular including available statistics on the activities of fee-charging employment agencies, and on the number and nature of the contraventions which may have been reported.

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

Part III of the Convention. The Committee notes the Government's report and the information it contains in reply to its previous request. It would be grateful if the Government would supply additional information in its next report on the following points.

Article 1, paragraph 1(a). The Committee notes the indication that temporary work enterprises come under a different legal regime from fee-charging employment agencies. It recalls that these enterprises fall into the same category as fee-charging employment agencies conducted with a view to profit as defined by the Convention. The Committee requests the Government to indicate the manner in which the different legal regime to which it refers, regulates temporary work enterprises so as to be in conformity with the provisions of the Convention.

Article 10. The Committee notes the adoption of Decree No. 96-193 of 7 March 1996 regarding fee-charging employment agencies. It observes that under section 9 of this Decree, fee-charging employment agencies must file a "declaration of existence", renewable every three years. In this connection, the Committee recalls that the Convention stipulates that these agencies must possess a yearly licence renewable at the discretion of the competent authority. It asks the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

Article 14. The Committee notes that the Agency for the Study and Promotion of Employment (AGEPE) is responsible for monitoring fee-charging employment agencies. It requests the Government to describe the measures taken by the AGEPE to ensure monitoring of the operations of fee-charging employment agencies.

Part V of the report form. Please supply all useful information on the manner in which the Convention is applied in practice, in particular including available statistics on the activities of fee-charging employment agencies, and on the number and nature of the contraventions which may have been reported.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Part III of the Convention. The Committee notes with interest the information supplied by the Government in its reports received in 1994 and 1995, and in particular the adoption of Act No. 95-15 of 12 January 1995 issuing the Labour Code. It also notes from the report supplied in 1995 that the administrative regulations implementing the Act of 12 January 1995 are under preparation. The Committee would be grateful if the Government would communicate the texts of these administrative regulations as soon as they are adopted. Furthermore, it requests the Government to supply in its next report information on the following points:

Article 10 of the Convention. 1. The Committee notes that Decree No. 92-89 of 17 February 1992 on fee-charging employment agencies stipulates authorization by the Minister responsible for employment or labour to open such an agency (sections 4 and 5 of the Decree). In this respect, it wishes to recall the provision of Article 10, paragraph (b), of the Convention under which fee-charging employment agencies "shall be required to be in possession of a yearly licence renewable at the discretion of the competent authority". The Committee requests the Government to indicate in its next report the measures taken to fully apply this provision of the Convention.

2. The Committee notes that temporary or interim work enterprises are excluded from the scope of Decree No. 92-89 (section 2(a)). It wishes to draw the Government's attention to the fact that such enterprises are deemed to fall within the definition of fee-charging employment agencies given in Article 1, paragraph 1(a), of the Convention ("any person, company, institution, agency or other organization which acts as an intermediary for the purpose of procuring employment for a worker or supplying a worker for an employer with a view to deriving either directly or indirectly any pecuniary or other material advantage from either employer or worker"). In this respect, the Committee refers to the memorandum addressed by the ILO to the Swedish Government (Official Bulletin, Vol. LXIX, No. 3, July 1966, which is the basis for its "jurisprudence" on the subject. It requests the Government to indicate in its next report the measures taken to regulate the activity of these enterprises in accordance with Article 10 of the Convention.

Article 11. The Committee notes that fee-charging employment agencies not conducted with a view to profit are excluded from the scope of Decree No. 92-89. The Government indicates in its 1994 report that the activities of these agencies "are strictly forbidden". The Committee would be grateful if the Government would indicate, in its next report, the national provision prohibiting the activities of such agencies.

Article 12. Please indicate whether there are at present any non-fee-charging employment agencies and, if there are, what measures are taken to ensure that their services are gratuitous.

Article 14. The Government indicates in its 1995 report that administrative difficulties have made it impossible to collect the information concerning regulation of fee-charging employment agencies. The Committee hopes that, in its next report, the Government will be able to provide all the information necessary on the measures taken to regulate the operations of these agencies as required by this Article of the Convention. Please also provide general indications on how the Convention is applied by giving, for example, extracts from official reports, information on the number and nature of offences recorded and any other information relating to the practical application of the Convention in accordance with point V of the report form.

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

Part II of the Convention. The Committee takes note of the information supplied by the Government in its report and in particular of the preparation of a draft Act authorising the establishment of private offices to carry on operations for the placement of workers. Please supply the ILO with the text of the Act in question as soon as it is adopted. Noting that the law in force still embodies the principles that placement operations are free of charge and that private employment agencies, whether conducted with a view to profit or not, are prohibited, the Committee would be grateful if the Government would specify the legal nature of the operations planned or carried on by such private offices. If they are agencies as defined in Article 1, paragraph 1(a), of the Convention, please indicate what effect, if any, is given to Article 5 of the Convention, which provides for exceptions to the provisions of Article 3, paragraph 1 under certain conditions and within certain limits.