Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 96) sur les bureaux de placement payants (révisée), 1949 - Sénégal (Ratification: 1962)

1. Part III of the Convention. Articles 10 to 14. Regulation of fee-charging employment agencies. The Committee notes the Government’s report received in October 2006, the observations made by the National Confederation of Employers of Senegal (CNES) and the National Confederation of Workers of Senegal (CNTS) on the application of the Convention received in November 2006, and the Government’s reply, which refers to the information contained in its report. The CNTS has said that the Government has to acknowledge that the slowness in establishing rules governing the operation of employment agencies, in particular defining the obligations of employers and providing for protection of workers, is resulting in multiple abuses, and that the Government should indicate the measures that it is planning to take in this respect. The Committee notes that, in reply to its previous comments, the Government states that under section L226 of the Labour Code it has initiated a procedure for the adoption of a decree to define the obligations of employment enterprises and the protection of workers employed by temporary work enterprises. Noting the Government’s statement that a copy of the decree will be provided when it has been adopted, the Committee trusts that regulations on fee-charging employment agencies will be adopted in the near future and requests the Government to indicate any other measure taken to regulate all fee-charging agencies and ultimately to abolish fee-charging agencies conducted with a view to profit.

2. Part V of the report form. Information on the application of the Convention in practice. The Government indicates that, due to the absence of a clear legal framework, no information can be provided on the application of the Convention, but that it will be in a position to provide all the necessary information in this respect once the above decree has been adopted under section L226 of the Labour Code. The Committee trusts that the Government’s next report will contain appropriate information on the manner in which the Convention is applied in practice including, for instance, extracts from official reports.

3. Revision of Convention No. 96. The Committee notes the Government’s statement that the issue of the ratification of the Private Employment Agencies Convention, 1997 (No. 181), is being examined. The Committee refers in this respect to the information provided in June 2007 on the submission of Convention No. 181 to the Council of Ministers. The Government has said that, as the application of Convention No. 96 has not been satisfactory, the ratification of Convention No. 181, which revised Convention No. 96, would not be appropriate, but that the Private Employment Agencies Recommendation, 1997 (No. 188), will serve as a source of inspiration for the formulation of new employment rules. The Committee recalls that Convention No. 181, which takes into account the flexibility in the operation of labour markets, is now the latest standard on the role and operation of private employment agencies and, because of the admittedly unsatisfactory application of Convention No. 96, it invites the Government and the social partners to examine the possibility of ratifying Convention No. 181, which would result in the immediate denunciation of Convention No. 96.