Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre las agencias de empleo privadas, 1997 (núm. 181) - Sierra Leona (Ratificación : 2021)

The Committee takes note of the Government’s first report with interest and wishes to draw its attention to the following points.

Article 1. Definitions. The Committee notes that, save for areas relating to national security and defence, there are no limits on the services private employment agencies (“PEAs”) can provide so long as they comply with all applicable laws of the country. The new Employment Act 2023 provides in Section 31(1) that an employer may employ or recruit a person either through, inter alia, the employment centre or PEAs; while Section 31(2) provides that an employer who employs or recruits a person on an application received through a PEA shall inform the Commissioner of Labour and Employment in writing in order to ensure compliance with the Act. In turn, the Overseas Employment and Migrant Workers Act 2023 provides in Section 1 that a “licensee” means a person granted a licence to engage in the recruitment of a citizen for the purpose of overseas employment. The Committee notes that the Employment Act 2023 does not address the situations of services consisting of employing workers with a view to making them available to a third party (referred to as a “user enterprise”) which assigns their tasks and supervises the execution of these tasks (Article 1(1)(b)) and other services relating to jobseeking (Article 1(1)(c)). However, the Committee notes that Section 1 of the Employment Regulations 2023, adopted on 18 October 2023, defines PEAs in similar terms to those of Article 1(1)(a), (b) and (c) of the Convention. The Committee requests the Government to indicate whether other services relating to jobseeking, such as the provision of information, that do not set out to match specific offers of and applications for employment, have been regulated by the competent authority after consulting the most representative employers and workers organizations, as contemplated under Article 1(1)(c), of the Convention, and, if so, to indicate the relevant legal provisions in this regard. It also requests the Government to indicate which are the labour market services provided for in Article 1(1)(a), (b) and(c) of the Convention that can be provided by licensees under the Overseas Employment and Migrant Workers Act 2023. The Committee further requests the Government to keep the Office informed of the adoption or amendment of labour legislation relevant to the application of the Convention and to provide copies of laws or regulations giving effect to the provisions of the Convention.

Articles 2(1), (4) and (5) of the Convention. Prohibitions and exclusions. The Government reports that save for matters relating to national security, PEAs can operate in every sector of the economy; and that in matters not excluded, the Employers’ Federation, the Sierra Leone Labour Congress and other related bodies are consulted by the Ministry of Employment, Labour and Social Security (MELSS) in tripartite engagement to assure all views are taken into account. The Committee understands that, aside from the area of national security, the Government has not availed itself of the possibility to prohibit PEAs to operate in respect of certain categories of workers or branches of economic activity or to exclude certain categories of workers from the scope of the Convention. It requests the Government to indicate, should such limitations be decided in the future, whether recourse has been made to Article 2(4), and, if so, to provide information on consultations carried out with employers’ and workers’ organizations. It also requests the Government to indicate the matters relating to national security that would fall outside the scope of private employment agencies and give the reasons therefor, as provided by Article 2(5).

Article 3. Legal status and conditions of operation. The Government states that PEAs enjoy legal status under the law and that the Employment Regulations 2023 regulate PEAs extensively, complementing the Employment Act 2023. The Government adds that a main condition for the operation of PEAs is to obtain a valid licence issued by the Minister of Employment. The Government further states that it is the responsibility of the PEA to register the agency with the Corporate Affairs Department of the National Investment Board. The Committee notes that the Employment Act 2023 provides in Section112(2)(b) that the Minister of Employment may make regulations “regulating private employment agencies operating in Sierra Leone, after consultation with the Joint Consultative Committee”. The Employment Regulations 2023, in Section 49, deal with the licenses for PEAs, and provides in subsection 49(3) that the Commissioner “may impose conditions and restrictions on the issuance of licenses, taking into account factors such as the applicant's qualifications, financial stability, integrity, and compliance with relevant laws and regulations”. The Employment Regulations 2023, in Section 50(1), also provide that a person desiring to establish PEA shall first register the agency before applying for a license. The Committee further notes that the Overseas Employment and Migrant Workers Act 2023 in Section 1 provides that a “licensee” means a person granted a licence to engage in the recruitment of a citizen for the purpose of overseas employment, and in Section 7(I) provides that an application for a licence “shall be made in writing to the Commissioner of Labour for the approval of the Minister and shall be in such form the Minister may by statutory instrument prescribe”. The Committee requests the Government to provide additional information on the system of licencing and the legal status of all private employment agencies operating in the country, including private employment agencies sending workers abroad, on the conditions governing their operation, and on how the most representative organizations of employers and workers have been consulted in this respect. It also requests the Government to indicate whether, in practice, the Commissioner has imposed conditions and restrictions on the issuance of licences, as envisaged by subsection 49(3) of the Employment Regulations 2023. It further requests the Government to indicate the statutory instrument that regulates the form of the application for licences under Section 7(I) of the Overseas Employment and Migrant Workers Act 2023.

Article 13. Effective cooperation between the public employment service and PEAs. The Committee notes that the Government has not provided detailed information in this regard. The Committee wishes to point out that ensuring coordination and collaboration between public employment services and private employment agencies is essential for improving job matching efficiency and providing comprehensive support to jobseekers. This partnership helps the labour market adapt to economic changes, prevents unethical practices, and promotes fair competition. Additionally, it ensures that disadvantaged groups have better access to employment opportunities, contributing to a more inclusive and resilient labour market. Thus, the Committee requests the Government to communicate detailed information on the manner in which the conditions to promote cooperation between the competent authorities and private employment agencies are formulated, established and reviewed, as well as information on consultations with employers’ and workers’ organizations in this regard. In addition, it requests the Government to provide examples of the information that PEAs provide to the competent authorities.

Article 4. Freedom of association and collective bargaining. The Government states that the measures taken to give effect to this Article have been to implement laws protecting and promoting workers’ rights to freedom of association and the right to collective bargaining. The Committee recalls the latest direct requests and observations made to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), adopted in 2022 and published in the 111th ILC Session (2023). The Committee requests the Government to provide information on the number of PEAs in the sense of Article 1(1)(b) of the Convention and, as appropriate, the measures taken to ensure that workers made available to user enterprises benefit from existing collective agreements in a manner similar to direct employees of the user enterprise. The Committee also requests the Government to provide information on the manner in which it ensures that workers recruited by private employment agencies with a view to making them available to a user enterprise, in the sense also of Article 1(1)(b) of the Convention, are not denied the right to freedom of association and the right to bargain collectively.

Article 5(1) and 5(2). Equality of opportunity and treatment. Most disadvantaged workers. The Committee recalls its 2021 comments concerning Sierra Leone’s implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee notes the Gender Equality and Women’s Empowerment Act, 2022, which provides that an employer shall have at least 30 per cent of women in his employment, prohibits discrimination in employment against women and provides for equal remuneration. The Committee notes also the Employment Regulations 2023, which deal in Part XIII with employment equality and non-discrimination. The Committee requests the Government to indicate whether any specific measures have been taken or envisaged to promote and ensure that all private employment agencies treat workers without discrimination, including gender discrimination, and observe the principle of equality of opportunity and treatment as regards access to employment as well as to specific occupations. It also requests the Government to provide information on the manner, nature and extent of any special services or targeted programmes implemented by private employment agencies to assist disadvantaged workers in accessing employment, as well as to indicate any measures taken or envisaged to promote such activities by private employment agencies.

Article 6. Processing of workers’ personal data. The Government refers to the Employment Regulations 2023, which include provisions dealing with data protection include provisions dealing with data protection, and indicates that there is also a Data Protection Bill being passed into law which covers matters of this nature. The Committee notes that Article 6 of the Convention provides that the processing of personal data of workers by PEAs shall be limited to matters related to the qualifications and professional experience and done in a manner that protects this data and ensures respect for workers’ privacy. Therefore, the Committee requests the Government to provide specific information on the manner in which workers’ personal data is protected as required under Article 6. It also requests the Government to supply copies of any draft or already adopted regulations applicable, directly or indirectly, to the processing of personal data of workers by private employment agencies. In this regard, the Committee draws the Government’s attention to the ILO’s Working paper 62 of 2022 on the “Protection of workers’ personal data: General principles.”

Article 7. Charging fees. The Government states that there are no exceptions in place to the principle that PEAs shall not charge directly or indirectly, in whole or in part, any fees or costs to workers. The Committee requests the Government to provide detailed information on the mechanisms and procedures in place to enforce the prohibition against the charging of fees as established by the Convention, including with respect to PEAs sending workers abroad.

Article 8. Migrant workers. The Government reports that it has enacted the Overseas Employment and Migrant Workers Act 2023 after extensive tripartite consultations with employers’ and workers’ organizations. The Government adds that Sierra Leone has entered into bilateral agreements with the main countries where its nationals emigrate, as is the case with Kuwait, the United Arab Emirates, and the State of Qatar. In this respect, the Committee notes the agreement with Saudi Arabia provided by the Government. The Committee requests the Government to provide information on the specific measures that aim to provide adequate protection for and prevent abuses of migrant workers placed in its territory. The Committee further requests the Government to provide information regarding the practical application of the Overseas Employment and Migrant Workers Act 2023, including statistical data on the licensees granted to engage in the recruitment of persons for the purpose of overseas employment, the recruitment of migrant workers, and the application of compliance mechanisms. The Committee also request the Government to provide information on the application of the bilateral agreements it has concluded with other countries where its nationals emigrate for work, including the private employment agencies involved, the number of nationals that emigrated for work, and how their welfare, safety, and rights are guaranteed by such agreements. It also requests the Government to duly provide copies of these agreements.

Article 9. Measures ensuring that child labour is not used or supplied. The Committee refers to its latest comments in regard to the implementation of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), particularly in regard to international child trafficking. The Committee requests the Government to provide information on the concrete measures taken or envisaged to ensure that child labour is neither recruited nor supplied by private employment agencies.

Article 10. Adequate complaint machineries and procedures. The Government indicates that a person aggrieved in regard to a PEA is invested to make a complaint in writing to the Commissioner of Employment, Labour and Social Security. If a breach is found, the agency may be required to pay a fine and, where applicable, have its license suspended. The Government adds that there are also other agencies, such as the Human Rights Commission and the Legal Aid Board, amongst others, authorized to receive complaints from workers in consultation with the MELSS. The Committee requests the Government to provide detailed information on the structure and operation of the mechanisms and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies, as well as statistical data on the investigation of complaints.

Articles 11 and 12. Ensuring adequate protection for workers employed by PEAs. Allocation of responsibilities between PEAs and user enterprises. The Government’s report refers to the general responsibilities of employers under the labour legislation of Sierra Leone. The Committee notes that the legislation mentioned by the Government does not specifically address the protection of employees employed by PEAs, as it does not consider the special characteristics of “triangular” employment relationships. The Committee recalls that Articles 11 and 12 refer to the situation covered by Article 1, paragraph 1(b) of the Convention, i.e. services consisting of employing workers with a view to making them available to a third party, who may be a natural or legal person (referred as “user enterprise”) which assigns their tasks and supervises the execution of these tasks. The Committee, therefore, requests the Government to provide information on the measures taken to ensure protection for workers in the areas set out under clauses (a) through (j) of Article 11, including detailed information on the impact of such measures in practice. It also asks the Government, where applicable, to provide information on the manner in which responsibilities are allocated between private employment agencies and user enterprises in all areas set out in Article 12, and to provide updated detailed information on developments in relation to amendments of the existing legislative framework.

Article 14. Application, supervision and adequate remedies. The Committee notes that the Government has not provided detailed information in this regard. The Committee requests the Government to provide updated detailed information on how (a) the Convention is applied in law and in practice, i.e. by means of laws, regulations, court decisions, arbitration awards or collective agreements; (b) the supervision of the implementation of provisions to give effect to this Convention is ensured by the labour inspection service or other competent public authorities; and (c) adequate remedies, including penalties where appropriate, are provided for and effectively applied in case of violations of the Convention. The Committee also requests the Government to provide examples of the remedies foreseen for cases of violations of the Convention, including extracts of inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Application of the Convention in practice.The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Sierra Leone, including the number and characteristics of private employment agencies that perform activities in Sierra Leone, extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention; and the number and nature of infringements reported (Part V of the report form).