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Repetition Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the Government’s report received in November 2011. The Government indicates that a meeting was held with the social partners in May 2011 to establish an assessment of the activities of Pôle Emploi. The Government reiterates that Act No. 2008-126 of February 2008 opened up the employment placement market to private employment agencies by bringing an end to the legal monopoly of the National Employment Agency (ANPE). The activity of private employment placement, either in a primary or secondary role, is henceforth provided by sections L.312-1 to L.312-8 of the Labour Code. The Government also reiterates that the French legislation was drawn up based on the Private Employment Agencies Convention, 1997 (No. 181). According to the Government, the new legislation provides a similar framework with regard to the conditions governing the performance of private employment placement activities by private employment agencies and workers benefit from the protection provided under Convention No. 181, if not a higher level of protection, in terms of a free placement service, the prevention of discriminatory practices with regard to employment placement and protection of privacy in the processing of personal data. In its previous comments, the Committee drew the Government’s attention to the fact that, like other member States which have ratified the Convention, France has accepted Part II of the Convention, which obliges it to abolish fee-charging employment agencies conducted with a view to profit. The measures introduced in January 2005 and February 2008 opening up the employment placement market to private employment agencies do not give effect to the obligations contained in Part II of the Convention accepted by France at the time of its ratification in 1956. The Committee therefore hopes that the Government will soon be in a position to adhere to the obligations of the Convention No. 181, the ratification of which involves the immediate denunciation of Convention No. 96.The Committee notes the information contained in the Government’s report received in September 2011 regarding the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Government indicates that the social partners have been consulted on the ratification of Convention No. 181. The Committee therefore invites the Government to provide information on the progress made in relation to the ratification of Convention No. 181.
Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the Government’s report received in January 2010 in reply to its 2008 observation. The Government indicates that Act No. 2008-126 of 13 February 2008 concerning the reform of the public employment service established the Pôle Emploi as a new one-stop shop which registers unemployed people, functions as a job placement agency and provides jobseekers with benefits and support. The Government confirms that the new Act has opened up the employment placement market to private employment agencies by bringing an end to the legal monopoly of the National Employment Agency (ANPE). The activity of private employment placement, either in a primary or secondary role, is henceforth provided by sections L.312-1 to L.312-8 of the Labour Code. The Government indicates that the French legislation was drawn up based on the Private Employment Agencies Convention, 1997 (No. 181). According to the Government, the new legislation provides a similar framework with regard to the conditions governing the performance of private employment placement activities by private employment agencies and workers benefit from the protection provided under Convention No. 181, if not a higher level of protection, in terms of a free placement service, the prevention of discriminatory practices with regard to employment placement and protection of privacy in the processing of personal data. In its previous comments, the Committee drew the Government’s attention to the fact that, like other member States which have ratified Convention No. 96, France has accepted Part II of the Convention, which obliges it to abolish fee-charging employment agencies conducted with a view to profit. The measures introduced in January 2005 and February 2008 opening up the employment placement market to private employment agencies do not give effect to the obligations contained in Part II of Convention No. 96 accepted by France at the time of its ratification in 1956. The Committee therefore hopes that the Government will soon be in a position to adhere to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. It invites the Government to report on steps taken in consultation with the social partners to ratify Convention No. 181.
[The Government is asked to reply in detail to the present comments in 2011.]
The Committee notes that the Government’s report has not been received. It must therefore repeat its 2008 observation which read as follows:
Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Government states in its report received in January 2008 that the abolition of fee-charging employment agencies has been “effective and complete” since the entry into force of Act No. 2005-32 of 18 January 2005 on programming for social cohesion, which states that no direct or indirect payment may be demanded from jobseekers in return for providing a job placement service. The Committee refers to its previous observations, in which it noted that “the reform of the public employment service, introduced by the Act of 18 January 2005, forms the basis of the new dynamic sought by the Government, so as to achieve conformity with the provisions of the Private Employment Agencies Convention, 1997 (No. 181), and accelerate the reintegration of the unemployed into working life by allowing private operators to enter the employment market”. The Committee had also drawn attention to the fact that, unlike Convention No. 96, the Private Employment Agencies Convention, 1997 (No. 181), acknowledges the role played by private employment agencies in the operation of the labour market, and that the provisions of Convention No. 96 would remain in force until its denunciation by the ratification of Convention No. 181. The Committee however notes that private placement activity is regulated by Decree No. 2007-851 of 14 May 2007. The Government’s report has also referred to sections R.312-1 to R.312-8 of the Labour Code which establishes rules relating to private placement activity including, in particular, the requirement for private placement agencies to notify statistics to the public employment service, and procedures for supervision of employment placement activities of the private agencies which may lead to their temporary closure and the withdrawal of registration of their placement activity. The Committee again draws the attention of the Government to the fact that, like other member States which have ratified Convention No. 96, France has accepted Part II of the Convention, which obliges it to abolish fee-charging employment agencies conducted with a view to profit in conformity with Article 3(1), and that the aforementioned provisions concerning private employment placement activities do not give effect to the obligations contained in the parts of Convention No. 96 accepted by France.
Revision of Convention No. 96. The Government has also stated that in February 2005, the unemployment insurance administrators decided to extend the monitoring, on a trial basis, to those persons who chose to remain voluntarily unemployed and that they fixed a target of providing increased support for 92,000 persons over two years. This experimental project is geared to reach a larger number of persons who have remained unemployed for a long period of time and, at present, relates to 25 zones. The second phase of this experiment has produced a tenfold increase in the number of placement staff and in the related cost of the operations. The Committee reiterates that Convention No. 181, unlike Convention No. 96, is based on a recognition of the role played by private employment agencies in the functioning of the labour market. Ratification of Convention No. 181 would involve a denunciation of Convention No. 96 ipso jure. The Committee notes that in its report on the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), received in October 2007, the Government has indicated that it is in the process of reviewing Convention No. 181 along with other unratified Conventions, with a view to its ratification. The Committee reminds the Government that the provisions of Convention No. 96 will remain in force until such time as Convention No. 181 is actually ratified. It requests the Government to supply information on developments which have occurred, in consultation with the social partners, in order to ratify Convention No. 181.
Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Government states in its report received in January 2008 that the abolition of fee-charging employment agencies has been “effective and complete” since the entry into force of Act No. 2005-32 of 18 January 2005 on programming for social cohesion, which states that no direct or indirect payment may be demanded from jobseekers in return for providing a job placement service. The Committee refers to its previous observations, in which it noted that “the reform of the public employment service, introduced by the Act of 18 January 2005, forms the basis of the new dynamic sought by the Government, so as to achieve conformity with the provisions of the Private Employment Agencies Convention, 1997 (No. 181), and accelerate the reintegration of the unemployed into working life by allowing private operators to enter the employment market”. The Committee had also drawn attention to the fact that, unlike Convention No. 96, the Private Employment Agencies Convention, 1997 (No. 181), acknowledges the role played by private employment agencies in the operation of the labour market, and that the provisions of Convention No. 96 would remain in force until its denunciation by the ratification of Convention No. 181. The Committee however notes that private placement activity is regulated by Decree No. 2007-851 of 14 May 2007. The Government’s report has also referred to sections R.312-1 to R.312-8 of the Labour Code which establishes rules relating to private placement activity including, in particular, the requirement for private placement agencies to notify statistics to the public employment service, and procedures for supervision of employment placement activities of the private agencies which may lead to their temporary closure and the withdrawal of registration of their placement activity. The Committee again draws the attention of the Government to the fact that, like other member States which have ratified Convention No. 96, France has accepted Part II of the Convention, which obliges it to abolish fee-charging employment agencies conducted with a view to profit in conformity with Article 3, paragraph 1, and that the aforementioned provisions concerning private employment placement activities do not give effect to the obligations contained in the parts of Convention No. 96 accepted by France.
[The Government is asked to reply in detail to the present comments in 2009.]
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2006 direct request, which read as follows:
1. The Committee notes the Government’s report received in February 2006 for the period ending 1 September 2005. It refers to its 2006 observation on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it notes that the Government envisages ratifying the Private Employment Agencies Convention, 1997 (No. 181), which would involve ipso jure the immediate denunciation of Convention No. 96. In the meantime, the Committee requests the Government to provide information in its next report on the following points.
2. Regulation of fee-charging employment agencies. The Committee notes that section L.311-1 of the Labour Code, as amended by the Act of 18 January 2005, opened up the market of employment placement to private employment agencies by bringing to an end the legal monopoly of the National Employment Agency (ANPE). The Government indicates in its report that the abolition of the ANPE’s monopoly clearly has as a corollary the payment by employers to private operators for the provision of services consisting of the matching of job vacancies and jobseekers, although it indicates that the principle that the service shall be free for jobseekers is clearly reaffirmed. The Committee notes that the activity of private employment placement, either in a principal or accessory role, is henceforth envisaged in sections L.312-1 to L.312-3 of the Labour Code, and that a draft decree by the Council of State is being formulated to determine the procedures for the implementation of these provisions. The Government states in this respect that this decree should cover the prior declaration to the administrative authority of the principal activity of employment placement, the notification of statistics by private employment agencies to the public employment service and the procedures for the supervision of employment placement activities, which may lead to the temporary closure of the establishment and the withdrawal of registration of the private employment placement activity. The Committee requests the Government to report on developments in this respect, with an indication of the manner in which the application of Part II of the Convention, and particularly Articles 4 and 5, is ensured in law and practice.
3. Activities of temporary work enterprises. The Committee notes the Government’s statement that, following the adoption of the Act of 18 January 2005, temporary work agencies also participate in the public employment service (section L.311-1), and that they may, if they so wish, exercise a dual activity: temporary work placement and employment placement. The Government indicates that, while remaining subject to the regulations described in previous reports (section L.124-1 et seq.), temporary work enterprises are not obliged to make a prior declaration as envisaged in the section L.312-1, in so far as their employment placement activity is accessory. The Committee refers to its direct request of 2000 and requests the Government to indicate the measures adopted or envisaged to give effect, among others, to paragraph 2 of Article 5.
The Committee notes that the Government’s report has not been received. It must therefore repeat its 2006 observation which read as follows:
Part II of the Convention. Progressive abolition of fee-charging employment agencies. Revision of Convention No. 96. The Committee notes the Government’s report received in February 2006 for the period ending 1 September 2005. It notes with interest the Government’s statement that the revision of the public employment service, introduced by Act No. 2005-32 of 18 January 2005 establishing the programming for social integration, forms the basis of the new dynamic to which the Government aspires, so as to achieve conformity with the provisions of the Private Employment Agencies Convention, 1997 (No. 181), and accelerate the reintegration of the unemployed into working life by allowing private operators to enter the employment market. In this respect, the Committee recalls that Convention No. 181 is based on an acknowledgement of the role played by private employment agencies in the operation of the labour market and that its ratification would involve the immediate denunciation of Convention No. 96. As the provisions of Convention No. 96 remain in force until the ratification of Convention No. 181 becomes effective, the Committee requests the Government to provide information in its next report so that it can examine the application in law and practice of the matters also raised this year in a direct request (Parts IV and V of the report form).
[The Government is asked to reply in detail to the present comments in 2007.]
Part II of the Convention. Progressive abolition of fee-charging employment agencies. Revision of Convention No. 96. The Committee notes the Government’s report received in February 2006 for the period ending 1 September 2005. It notes with interest the Government’s statement that the revision of the public employment service, introduced by Act No. 2005-32 of 18 January 2005 establishing the programming for social integration, forms the basis of the new dynamic to which the Government aspires, so as to achieve conformity with the provisions of the Private Employment Agencies Convention, 1997 (No. 181), and accelerate the reintegration of the unemployed into working life by allowing private operators to enter the employment market. In this respect, the Committee recalls that Convention No. 181 is based on an acknowledgement of the role played by private employment agencies in the operation of the labour market and that its ratification would involve the immediate denunciation of Convention No. 96. As the provisions of Convention No. 96 remain in force until the ratification of Convention No. 181 becomes effective, the Committee requests the Government to provide information in its next report so that it can examine the application in law and practice of the matters raised this year in a direct request (Parts IV and V of the report form).
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2000 direct request, which read as follows:
Part II of the Convention. The Committee notes the information supplied by the Government in reply to its previous observations. It again notes the statement to the effect that temporary work agencies as they function in France cannot be equated with fee-charging employment agencies in the country. It nonetheless repeats the views expressed in its direct request of 1998 that the activities of these enterprises remain covered by the Convention, and in particular by Article 5(2), and again expresses the hope that the Government’s next report will indicate the measures taken or envisaged to give effect to all the provisions, particularly paragraphs 2(b) and 2(d) of Article 5.
The Committee would be grateful if the Government would also supply information regarding the practical application of the Convention, as requested in Part V of the report form.
The Committee also draws the Government’s attention to the provisions of the Private Employment Agencies Convention, 1997 (No. 181), especially to Articles 16 and 17, which it may consider taking into account in future.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Part II of the Convention. The Committee notes the information supplied by the Government in reply to its previous comments. It notes in particular the adoption of the Act of 12 July 1990 encouraging stability of employment by adapting the system of short-term contracts, which is regulated for temporary work in sections L.124-1 et seq. of the Labour Code. The Act, supplemented by the various regulations issued under it, strengthens supervisory measures and the provisions for civil and penal sanctions for non-compliance with the rules regulating temporary work.
While noting the Government's declaration that temporary work agencies as they function in France cannot be equated with fee-charging employment agencies under the relevant provisions in force in the country, the Committee wishes to recall that the activities of these agencies are nevertheless covered by the Convention, and particularly by Article 5, paragraph 2, of the Convention. It expresses once again the hope that the Government's next report will describe the measures taken or envisaged concerning the possibility of making it compulsory for these agencies to be in possession of a yearly licence (paragraph 2(b)) and determining the conditions which can be applied to French workers made available to a user abroad (paragraph 2(d)) under this Article of the Convention. The Committee would be grateful if the Government would also send it information on the practical application of the Convention, as requested in point V of the report form.
The Committee notes with regret that the Government's report has not been received for the third year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Part II of the Convention. The Committee has taken due note of the Government's report. The Committee notes, however, that the report includes no answer to the direct request of 1985 as regards the provisions of Article 5, paragraph 2 on the licences required of temporary work agencies and on the conditions under which these agencies may place French workers at the disposal of an employer abroad. The Committee would be grateful for a clarification on this point in the Government's next report.
The Committee notes with regret that the Government's report has not been received for the second year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows: