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

Private Employment Agencies Convention, 1997 (No. 181) - Niger (Ratification: 2015)

Articles 2, 3, 4, 6, 7, 9, 11, 12 and 14 of the Convention. Prohibitions and exclusions. Legal status and conditions of operation. Freedom of association and collective bargaining. Processing of personal data. Fee charging. Prohibition of child labour. Adequate protection for workers employed by private employment agencies. Responsibilities between private employment agencies and user enterprises. Inspections. The Committee notes the Government’s replies, in response to its previous requests.

Article 1(1)(c) and 5(2). Other services provided by private employment agencies. Targeted programmes designed to assist the most disadvantaged workers. The Government indicates that, pursuant to the provisions of section 15 of the Labour Code, in addition to their mediation activities, which must be their primary task, private placement offices or units can legally carry out other related activities that contribute to the job search. Temporary work agencies, however, must carry out this activity to the exclusion of all others. Further, the Government indicates that the services of temporary work agencies may only be used for activities that are not long-term in nature and in the cases set forth in section 19 of the Labour Code. In this regard, the Committee notes that national legislation authorizes private employment agencies (PEAs) to carry out support activities, such as training and counselling through sessions on job seeking techniques. Regarding programmes specifically designed to assist the most disadvantaged workers, the Government indicates that PEAs treat workers without discrimination and observe the principle of equality of opportunity and treatment in access to employment. PEAs also guarantee the principle of equal remuneration for work of equal value, including for temporary workers. The Committee notes, however, that the Government's report does not contain any information on the participation of PEAs in special services or targeted programmes designed to assist the most disadvantaged workers, particularly women and persons with disabilities. The Committee requests the Government to indicate whether and in what manner private employment agencies collaborate or participate in the implementation of the national employment policy or any other special services or targeted programmes designed to assist the most disadvantaged workers, particularly women, young persons and persons with disabilities, to find work (Article 5(2)).

Articles 8(2) and 10. Migrant workers. Machinery for the investigation of complaints, alleged abuses and fraudulent practices. The Government indicates that as PEAs are included in the scope of application of the Labour Code, their activities are subject to monitoring by the Labour Inspectorate. Therefore, all complaints, abuses and other fraudulent practices fall under the competence of these services or, where appropriate, the competent court (section 24 and 58 of Decree No. 2017-682 of 10 August 2017). The Committee requests the Government to indicate what specific measures are taken or envisaged, in consultation with the most representative employers’ and workers’ organizations, to combat fraudulent practices related to the recruitment of migrants, particularly with regard to unaccredited recruitment agencies or employers who use an unaccredited employment agency. The Committee also requests the Government to include, in its next report, information on the number of inspections conducted, and on the number and nature of infringements found and penalties imposed in this respect. The Committee further requests the Government to provide extracts from the reports of the labour inspection services, and updated information on the measures taken to ensure adequate protection and prevent abuses against workers recruited in Niger by private employment agencies for work abroad.

Article 13. Cooperation between the public employment service and private employment agencies. The Government refers to the cooperative work among the National Employment Promotion Agency (ANPE), which is the public employment service, the PEAs, and the temporary work agencies. It also indicates that PEAs are required to provide the public employment service or its local branches with a monthly report on the number and nature of job offers received, the number and level of vocational qualification of registered jobseekers and the number of placements carried out. The Committee notes that the PEA periodic reports are sent to the Labour Inspectorate and the ANPE. The Committee requests the Government to continue to provide information on any measures taken to promote cooperation between the public employment service and private employment agencies. The Committee also requests the Government to provide information on regular assessments of the effectiveness of cooperation between the public employment service and private employment agencies.

Application of the Convention in practice.The Committee requests the Government to provide, in its next report, a broad evaluation of the manner in which the Convention is applied, including information on the number of workers covered by the measures giving effect to the Convention. It also requests the Government to provide copies of decisions handed down by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Parts IV and V of the report form).