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

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

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).