Employment Service Convention, 1948 (No. 88) - San Marino (RATIFICATION: 1985)

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Application of the Convention in practice. The Committee notes the legislative texts and decrees provided by the Government with its report, including Act No. 71 of 29 April 2014 concerning the provision of incentives for employment and training and contract types with a training content. The Government indicates that Act No. 71 seeks to provide opportunities for training and skills acquisition in preparation for access to or reinsertion in employment for specific categories of persons, including young persons, laid-off workers, long term unemployed persons and older workers, with a view to offering these persons a broader range of opportunities for employment. In reply to the Committee’s previous requests that the Government include information on measures taken to strengthen and expand the Labour Office, the Government indicates in its report that no new measures were adopted during the reporting period to strengthen the Labour Office, as it is currently considered to be functioning in a fully satisfactory manner. The Committee welcomes the information provided and requests the Government to continue to provide updated information on the impact and effectiveness of the Labour Office’s activities, including information on the impact of the legislative changes on the application of the Convention in practice. Please also provide information on the number of public employment offices established, the number of employment applications received, the number of vacancies notified and the number of persons placed in employment by such offices.

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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 comments.

Repetition

The Committee notes the replies provided in the Government’s detailed report received in June 2010. It notes the adoption of Act No. 131 of 2005 which has provided for the establishment of the tripartite Labour Commission. The Government indicates that the Labour Commission is in charge of the cooperation among representatives of workers and employers as regards the organization and operation of the employment service. According to section 2 of Act No. 131 of 2005, the Labour Commission also undertakes continuous consultations on employment and vocational training policies and monitors and implements these policies. The Committee invites the Government to include in its next report updated information on measures taken to strengthen and expand its Labour Office.

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The Committee notes the replies provided in the Government’s detailed report received in June 2010. It notes the adoption of Act No. 131 of 2005 which has provided for the establishment of the tripartite Labour Commission. The Government indicates that the Labour Commission is in charge of the cooperation among representatives of workers and employers as regards the organization and operation of the employment service. According to section 2 of Act No. 131 of 2005, the Labour Commission also undertakes continuous consultations on employment and vocational training policies and monitors and implements these policies. The Committee invites the Government to include in its next report updated information on measures taken to strengthen and expand its Labour Office.

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The Committee notes with regret that the Government’s report has not been received since 1998. The Committee hopes that a report will be supplied and that it will contain full information on the matters raised in its 1998 direct request, in which it noted the provisions of sections 46 and 47 of a Bill respecting placement and vocational training as they relate to the responsibilities, composition and functioning of the Placement Commission. The Committee considered that the establishment of this Placement Commission would meet the requirements of Articles 4 and 5 of the Convention with regard to the “suitable arrangements” which were to be made for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of its general policy. The Committee had therefore requested, in 2005, a copy of the Act replacing the Bill. Since there has been no response, the Committee asks the Government to transmit a detailed report so that it can re-examine the situation in the light of the texts which are in force.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes with regret that the Government’s report has not been received since 1998. It hopes that a report will be supplied and that it will contain full information on the matters raised in its 1998 direct request, in which it noted the provisions of sections 46 and 47 of a Bill respecting placement and vocational training as they relate to the responsibilities, composition and functioning of the Placement Commission. The Committee considered that the establishment of this Placement Commission would meet the requirements of Articles 4 and 5 of the Convention with regard to the “suitable arrangements” which were to be made for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of its general policy. The Committee had therefore requested, in 2005, a copy of the Act replacing the Bill. Since there has been no response, the Committee asks the Government to transmit a detailed report so that it can re-examine the situation in the light of the texts which are in force.

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The Committee notes with regret that the Government’s report has not been received since 1998. It hopes that a report will be supplied and that it will contain full information on the matters raised in its 1998 direct request, in which it noted the provisions of sections 46 and 47 of a Bill respecting placement and vocational training as they relate to the responsibilities, composition and functioning of the Placement Commission. The Committee considered that the establishment of this Placement Commission would meet the requirements of Articles 4 and 5 of the Convention with regard to the “suitable arrangements” which were to be made for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of its general policy. The Committee had therefore requested, in 2005, a copy of the Act replacing the Bill. Since there has been no response, the Committee asks the Government to transmit a detailed report so that it can re-examine the situation in the light of the texts which are in force.

[The Government is asked to reply in detail to the present comments in 2008.]

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The Committee notes with regret 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 1998 direct request, in which it noted the provisions of sections 46 and 47 of a Bill respecting placement and vocational training as they relate to the responsibilities, composition and functioning of the Placement Commission. It considered that the establishment of this Placement Commission should meet the requirements of Articles 4 and 5 of the Convention with regard to the “suitable arrangements” which shall be made for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of its general policy. It asks the Government to transmit a detailed report so that it can re-examine the situation in the light of the new texts which are in force.

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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 1998 direct request, which read as follows:

With reference to its previous requests, the Committee notes with interest the provisions of sections 46 and 47 of the Bill respecting placement and vocational training as they relate to the responsibilities, composition and functioning of the Placement Commission. It considers that the establishment of this Placement Commission should meet the requirements of Articles 4 and 5 of the Convention with regard to the “suitable arrangements” which shall be made for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of its general policy.

The Committee would be grateful if the Government would transmit a copy of the Act respecting placement and vocational training as soon as it has been adopted so that it can re-examine the situation in the light of the new texts which are in force.

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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 1998 direct request, which read as follows:

With reference to its previous requests, the Committee notes with interest the provisions of sections 46 and 47 of the Bill respecting placement and vocational training as they relate to the responsibilities, composition and functioning of the Placement Commission. It considers that the establishment of this Placement Commission should meet the requirements of Articles 4 and 5 of the Convention with regard to the "suitable arrangements" which shall be made for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of its general policy.

The Committee would be grateful if the Government would transmit a copy of the Act respecting placement and vocational training as soon as it has been adopted so that it can re-examine the situation in the light of the new texts which are in force.

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With reference to its previous requests, the Committee notes with interest the provisions of sections 46 and 47 of the Bill respecting placement and vocational training as they relate to the responsibilities, composition and functioning of the Placement Commission. It considers that the establishment of this Placement Commission should meet the requirements of Articles 4 and 5 of the Convention with regard to the "suitable arrangements" which shall be made for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of its general policy.

The Committee would be grateful if the Government would transmit a copy of the Act respecting placement and vocational training as soon as it has been adopted so that it can re-examine the situation in the light of the new texts which are in force.

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The Committee notes the information supplied by the Government in reply to its earlier comments. It notes, in particular, indications in the report concerning cooperation with the social partners on various matters concerning labour.

Article 4 of the Convention. With reference to its earlier comments, the Committee notes a decision taken by the Government (Deliberation No. 36 of the State Congress of 27 June 1994) to introduce amendments to current legislation concerning employment and placement. It notes with interest that the new text will take into account the Committee's comments concerning section 25 of Act No. 95 of 19 September 1989. It hopes that the proposed amendments will give full effect to this Article which provides, in particular, that "suitable arrangements shall be made through advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy", and that "the representatives of employers and workers on these committees shall be appointed in equal numbers after consultation with representative organizations of employers and workers". The Committee asks the Government to provide in its next report, information on any progress made in this regard.

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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:

The Committee notes the information supplied by the Government in reply to its earlier comments.

Article 4 of the Convention. In its earlier comments the Committee noted that among the members of the Employment Commission established in accordance with section 25 of Act No. 95 of 19 September 1989 (which is similar to section 25 of the repealed Act No. 83 of 11 December 1979) there are four representatives of legally recognized workers' trade union organizations and two representatives of legally recognized employers' organizations, whereas paragraph 3 of this Article requires that the representatives of employers and workers on advisory committees shall be appointed "in equal numbers". The Committee also noted the statement in the Government's report dated 6 June 1990 to the effect that the government authorities had taken note of the observations formulated by the Committee and had promised to give the matter their utmost attention with a view to bringing the legislation into conformity with the Convention.

In its latest report dated 19 January 1993 the Government states that the Employment Commission referred to in section 25 of Act No. 95 has statutory (decision-making and executive) power, and not merely advisory status. It indicates that in 1989, when considering the new Job Placement Act for submission to Parliament, the Government decided to retain the old composition of the Commission which, because of its executive character and because of Parliament's exclusive right to decide on appointments, is not at variance with Article 4, paragraph 3, of the Convention. The Government also indicates that the employers' organizations, when considering the text of the new legislation on "job placement", did not share the Government's interpretation, taking the view that the Employment Commission should conform to the ILO guidelines.

The Committee takes note of this information. If the Government does not consider the Employment Commission referred to in section 25 of Act No. 95 to perform functions of an advisory committee within the meaning of Article 4 of the Convention, the Committee would be grateful if the Government would indicate, in its next report, how effect is given or is proposed to be given to this Article which provides that "suitable arrangements shall be made through advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy", that "these arrangements shall provide for one or more national advisory committees and where necessary for regional and local committees" and that "the representatives of employers and workers on these committees shall be appointed in equal numbers after consultation with representative organizations of employers and workers".

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The Committee notes the information supplied by the Government in reply to its earlier comments.

Article 4 of the Convention. In its earlier comments the Committee noted that among the members of the Employment Commission established in accordance with section 25 of Act No. 95 of 19 September 1989 (which is similar to section 25 of the repealed Act No. 83 of 11 December 1979) there are four representatives of legally recognized workers' trade union organizations and two representatives of legally recognized employers' organizations, whereas paragraph 3 of this Article requires that the representatives of employers and workers on advisory committees shall be appointed "in equal numbers". The Committee also noted the statement in the Government's report dated 6 June 1990 to the effect that the government authorities had taken note of the observations formulated by the Committee and had promised to give the matter their utmost attention with a view to bringing the legislation into conformity with the Convention.

In its latest report dated 19 January 1993 the Government states that the Employment Commission referred to in section 25 of Act No. 95 has statutory (decision-making and executive) power, and not merely advisory status. It indicates that in 1989, when considering the new Job Placement Act for submission to Parliament, the Government decided to retain the old composition of the Commission which, because of its executive character and because of Parliament's exclusive right to decide on appointments, is not at variance with Article 4, paragraph 3, of the Convention. The Government also indicates that the employers' organizations, when considering the text of the new legislation on "job placement", did not share the Government's interpretation, taking the view that the Employment Commission should conform to the ILO guidelines.

The Committee takes note of this information. If the Government does not consider the Employment Commission referred to in section 25 of Act No. 95 to perform functions of an advisory committee within the meaning of Article 4 of the Convention, the Committee would be grateful if the Government would indicate, in its next report, how effect is given or is proposed to be given to this Article which provides that "suitable arrangements shall be made through advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy", that "these arrangements shall provide for one or more national advisory committees and where necessary for regional and local committees" and that "the representatives of employers and workers on these committees shall be appointed in equal numbers after consultation with representative organizations of employers and workers".

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The Committee takes note of the information supplied by the Government in reply to its earlier comments. It notes, in particular, that Act No. 83 of 11 December 1979 was repealed and replaced with Act No. 95 of 19 September 1989.

Article 4, paragraph 3, of the Convention. The Committee notes that among the members of the Employment Committee established in accordance with section 25 of Act No. 95 of 19 September 1989 (which is similar to section 25 of the repealed Act No. 83 of 11 December 1979) there are four representatives of legally recognised workers' trade union organisations and two representatives of legally recognised employers' organisations, whereas this Article requires that the representatives of employers and workers on advisory committees shall be appointed "in equal numbers". The Committee also notes the statement in the Government's report dated 6 June 1990 to the effect that the government authorities have taken note of the observations formulated by the Committee and have promised to give the matter their utmost attention with a view to bringing the legislation into conformity with the Convention. The Committee hopes that measures necessary to ensure full conformity of the national legislation with the Convention on this point will be taken in the near future.

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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:

The Committee noted the information supplied by the Government in its first report and would be grateful if in the next report the Government would supply information on the following points:

Article 4, paragraph 3, of the Convention. The Committee noted that among the members of the Employment Committee established in accordance with article 25 of Law No. 83 of 11 December 1979 there are four representatives of the recognised workers' organisations and only two representatives of the recognised employers' organisations, whereas Article 4, paragraph 3, of the Convention lays down that the representatives of employers and workers on advisory committees should be appointed "in equal numbers". The Committee hopes that the Government will take the necessary measures to ensure full conformity of the national legislation with this provision of the Convention.

As regards the procedure adopted for the appointment of employers' and workers' representatives, the Committee asks the Government to indicate whether such representatives were appointed after consultation of the organisations concerned.

Article 7(b). Please give particulars concerning measures taken or envisaged to meet the needs of particular categories of applicants, such as disabled persons, in accordance with this Article.

Article 9, paragraph 4. Please indicate the arrangements made to ensure the training of employment service staff for the performance of their duties.