Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Ethiopie (Ratification: 1999)

The Committee notes the Government’s first detailed report on the application of the Convention received in November 2002. It notes the Government’s statement in relation to Article 2 of the Convention indicating that the purpose of the legislation is to allow the operation of private agencies, the orderly management of regular migration and the protection of workers through their services. The Committee would appreciate receiving in the Government’s next report more detailed information on the measures adopted to apply in Ethiopia the provisions of the Convention. Please refer to points 1, 2, 5 and 6 of this direct request with regard to the protection of migrant workers. In this respect, the Government might consider the possibility of requesting the technical advice of the Office in the field of international migration.

1. Article 4 of the Convention. The Government points out in its report the problems arising from the lack of readiness from the employers’ side and the legislation of the host country, as well as other cultural, demographic and economic factors that render it difficult to implement the fundamental principles of freedom of association and the right to collective bargaining. It also mentions that Ethiopian workers in Saudi Arabia and Lebanon are already successful in forming community associations which enable them to bargain with employers. The Committee refers to its 2002 observation on the application of Convention No. 87 in Ethiopia, as well as to the discussion that took place at the 90th Session of the International Labour Conference (June 2002), and asks the Government to specify the measures taken to ensure that the workers recruited by private employment agencies in Ethiopia are not denied the right to freedom of association and the right to collective bargaining within Ethiopia. Please also indicate the progress made in ensuring that the workers recruited by private employment agencies to work abroad are not denied those fundamental rights.

2. Article 5. The Government also indicates the importance given by the national legislation to combating all types of discrimination and the special attention provided to women workers living abroad. The Committee recalls its comments on the application by Ethiopia of Convention No. 111 and asks the Government to indicate the measures taken to ensure that private employment agencies treat workers in Ethiopia without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origins, or any other criteria, such as age or disability.

3. Article 6 and Article 1, paragraph 3. The Government indicates in its report that workers’ personal data are secured and treated separately within the Ministry of Labour and employment agencies. Please provide further information on the manner in which workers’ personal data are protected, within the meaning of the Convention.

4. Article 7, paragraph 1. The Committee notes that section 176 of the Labour Proclamation, as amended by the Private Employment Agencies (PEA) Proclamation No. 104/1998, states that no persons or entities shall perform employment services for fees in consideration from a worker. Nevertheless, the Government recognizes in its report that some organizations are observed to be charging for training and transportation if employers fail to meet these commitments. Please provide further details on the measures taken to ensure in practice that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.

5. Article 8, paragraph 1. The Government indicates in its report that bilateral co-cultural agreements with the concerned countries are currently being concluded. It also mentions the protection offered by the Consulate of Ethiopia in Lebanon. The Committee further notes that in accordance with section 18, paragraph 1(b) and paragraph 3, of Proclamation No. 194/1998, penalties are envisaged against persons who send Ethiopian nationals abroad for work without possessing a license in accordance with the PEA Proclamation, or where the human rights or physical integrity of Ethiopians sent abroad for work have been injured. Please continue to supply information about the measures taken to provide adequate protection and prevent abuses of migrant workers recruited in the territory of Ethiopia.

6. Article 8, paragraph 2. Taking into account the Government’s concern over the placement abroad of Ethiopian workers by private employment agencies, the Committee would appreciate receiving more information on bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

7. Article 9. The Government indicates in its report that the law of the land prohibits child labour and that strict regulations are in place to control illicit traffickers. Please describe further the measures taken to ensure that child labour is not used or supplied by private employment agencies.

8. Articles 10 and 14. The Government reports that the Ministry of Labour and the Government’s missions abroad control the investigation of complaints, alleged abuses and fraudulent practices. The Committee also notes that section 16 of the PEA Proclamation establishes the powers of the national authority to inspect private employment agencies. It invites the Government to provide further information with respect to the plan to arrange a mechanism that will allow the social partners to play a more substantial role than their current contribution, which was mentioned in the Government’s report. Please also indicate the type and volume of complaints received, as well as how they are resolved.

9. Article 11. The Committee notes the provisions of sections 12 and 15 of the PEA Proclamation No. 104/1997 establishing the terms of the contract of employment for workers placed by private agencies. Please further describe the measures taken, in accordance with national law and practice, to ensure protection for workers employed by private employment agencies, as described in Article 1, paragraph 1(b), of the Convention, in relation to each of the areas described in Article 11.

10. Article 12. In its report, the Government states that the models established for minimum working conditions by the Ministry are the basis for controlling and supervising possible failures. The Committee also notes that section 17 of the PEA Proclamation provides that a private employment agency and the third party shall jointly and severally be responsible or liable for violation of the contract of employment concluded with the worker to provide the service mentioned in section 2(1)(b) of the Proclamation. It requests the Government to describe in more detail the way in which responsibilities are allocated between private employment agencies and user enterprises in each of the areas described in Article 12.

11. Article 13. Please provide information on the measures taken or envisaged to promote cooperation between the public employment service and private employment agencies (paragraph 1), and indicate how the principle that the public authorities retain final authority for formulating labour market policy and for the utilization of the public funds earmarked for the implementation of that policy has been ensured (paragraph 2). Please also supply examples of the information provided to the competent authorities by the private employment agencies and specify the information that is made publicly available and the intervals at which this is done (paragraphs 3 and 4).

12. Article 14. The Committee notes that sanctions (suspension or cancellation of licence) or penalties are envisaged by section 18 of the PEA Proclamation. It asks the Government to supply examples of how those remedies have been operating in case of violations of the Convention. Please also provide information on the number of workers covered by the Convention and the number and nature of infringements reported (Part V of the report form).