Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Private Employment Agencies Convention, 1997 (No. 181) - Ethiopia (Ratification: 1999)

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Articles 3 and 9 of the Convention. Legal status and conditions governing the operation of private employment agencies (PEA). Prohibition of child labour. The Committee notes the Government’s report indicating the amendment of Proclamation No. 923/2016, after the consultation of the Ministries of Foreign Affairs, Employment and Health, immigration authorities, the Federal Technical and Vocational Education and Training Institute, the regional state labour offices, the general attorney, and PEA associations (referred to as stakeholders), through Proclamation No. 1246/2021, which is applicable to overseas employment relations. With this amendment, the Government indicates that it aimed at facilitating the mediation of skilled and semi-skilled workers abroad, which has commenced with the implementation of Proclamation No. 923/2016 as of May 2017, resulting in the lifting of the ban on PEAs. The Government states that the 621 PEAs operating in the country since are engaged in mediating workers to Jordan, Qatar, Saudi Arabia, and the United Arab Emirates. The Government further indicates that PEAs cannot provide placement services to persons below 18 years age of and that violations result in the revocation of the license and that no violations have been recorded . The Committee requests the Government to provide detailed information on the legal status of all PEAs, operating domestically or in a cross-border context, following the entry into force of Proclamation No. 1246/2021, as well as on the conditions governing their operation (Article 3 of the Convention). It also requests the Government to indicate the consultations held with the most representative organizations of employers and workers with a view to defining the legal status of PEAs. Should PEAs not be regulated by appropriate national law and practice, the Government is requested to indicate whether a system of licensing or certification has been put in place. Finally, the Government is requested to supply copies of abstracts of annual reports of labour inspection services or other bodies responsible for monitoring compliance with the labour law framework indicating how the prohibition for PEAs to place persons under 18 years of age in employed is enforced in practice. The Government is also requested to indicate the specific and concrete measures taken or envisaged to ensure that child labour is not used or supplied by PEAs in a cross-border and domestic context, in accordance with Article 9 of the Convention.

Article 7(2). Fees and costs. The Committee notes the Government’s indication that according to Proclamation No. 923/2016, employers and migrant workers are to cover their own expenses and that the stakeholders were consulted as regards the authorized exceptions to Article 7(1) of the Convention. The Committee notes that section 4 of Proclamation No. 1246/2021, which introduces a new subparagraph 5 to section 10 of Proclamation No. 923/2016, stipulates that any worker employed overseas through an employment agency, except in domestic work, is required to remit an amount equivalent to up to one month’s salary to the employment agency, distributed over four payment periods. It also notes that the other payment obligations for workers in section 10 of Proclamation No. 923/2016 remain in effect. The Committee recalls once again that the competent authority may authorize fees or costs to be charged to workers only for services provided in their interest, and after consulting the most representative organizations of employers and workers. The Committee requests the Government to supply information on the conditions under which the above fees may be charged and the types of services provided by PEAs in exchange of such fees.

Article 8(1) and (2). Protection and prevention of abuses of migrant workers placed abroad. The Government reports that four bilateral labour agreements/memoranda of understanding were concluded with Arab Gulf countries and that it exchanges information with governments of destination countries in addition to collaborating with PEA in Ethiopia and their counterparts overseas, Ethiopian missions and communities. The Committee notes that according to section 5 of Proclamation No. 1246/2021, which replaces section 12 of Proclamation No. 923/2016, the mediation of labour abroad prerequisites a bilateral agreement or memorandum of understanding, respectively, for the mediation of skilled labour, as well as a government permission ensuring the rights and safety of the workers. Furthermore, section 6 of Proclamation No. 1246/2021 foresees the establishment of the Ethiopian Overseas Employment Board to coordinate relevant stakeholders and to ensure the strengthening of the implementation of overseas employment and the protection of Ethiopians employed overseas. The Committee requests the Government to provide updates on the development and implementation of bilateral labour agreements concluded with countries receiving migrant workers from Ethiopia with the objective to prevent abuses and fraudulent practices in the recruitment, placement, and employment of Ethiopian migrant workers abroad. Additionally, the Committee asks the Government to supply copies of these agreements and information on the advancements in establishing the Ethiopian Overseas Employment Board.

Articles 11, 12 and 13. Adequate protection and allocation of responsibilities. Cooperation between the public employment service and private employment agencies.In the absence of specific information regarding the manner in which effect is given to these Articles of the Convention in either a domestic or cross-border context,the Committee once again requests the Government to provide updated detailed information on the nature and impact of measures taken to ensure protection for all workers in relation to each of the areas covered under Article 11. It also requests the Government to supply information on the manner in which responsibilities are allocated between private employment agencies and user enterprises as required under Article 12 of the Convention. The Committee also once again requests the Government to provide a copy of the revised model employment contract and updated information on its effective use. It further requests the Government to provide detailed updated information on the manner in which effect is given to Article 13 of the Convention and to provide extracts of the reports submitted by private employment agencies to the public employment service as well as to specify the information that is made publicly available.

Articles 10 and 14. Adequate machinery and procedures for the investigation of complaints. Supervision, remedies and penalties. The Government reports that most complaints pertain to delays in the payment of monthly salaries, workloads, and sickness, and that PEAs are encouraged to solve these with their counterparts, partly involving Ethiopian missions. For 2021, 55 to 60 complaints were registered for the more than 16.000 workers abroad. The Government also states that PEAs refusing to solve a complaint are suspended from their activity until the complaint is settled. The Committee requests the Government to provide updated information on the type and number of complaints received and the manner in which they were resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in the event of violations of the Convention.