Employment Service Convention, 1948 (No. 88) - France (RATIFICATION: 1952)

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Articles 4 and 5 of the Convention. Reform of the public employment service. Participation of the social partners. The Committee notes the information provided by the Government in response to its previous request concerning the application of the provisions of the above-mentioned Articles.

Article 6. Organization of the employment service. The Government indicates that a new tripartite agreement was signed by the State, Unédic and Pôle emploi for the period 2019-2022. This agreement sets out three strategic objectives: (i) to accelerate and facilitate a return to sustainable employment for job seekers; (ii) to more effectively address the recruitment difficulties facing enterprises; and (iii) to develop and promote job seekers’ skills and qualifications to encourage recruitment. The Government indicates that these three strategic directions demonstrate the strong will of the State, Unédic and the social partners to streamline recruitment by enterprises and promote access to sustainable employment for job seekers, by more actively meeting their needs and focusing on skills development to prevent long-term removal from the labour market and recurring unemployment. The Committee requests the Government to provide detailed and up-to-date information, particularly statistical data disaggregated by sex and age showing the impact of the new tripartite agreement among the State, Unédic and Pôle emploi on the effectiveness of the employment services, especially in terms of building their capacity to promote access to productive and sustainable employment for job seekers.

Article 9. Staff of the employment service. The Government indicates that Pôle emploi will be dramatically transformed in order to achieve the above three strategic directions. The transformation will be based on an open innovation policy, and development of skills and initiative capacity of its staff. The Government also indicates that this transformation also aims to strengthen the commitments of Pôle emploi relating to social and environmental responsibility, while continuing to concentrate on the working conditions of its employees. The Committee requests the Government to provide updated information on the training of the staff of the employment service, indicating the frequency and content of this training, and to report on its impact, particularly on a practical level on the development of the capacities of the employment services in the discharge of their functions. It also requests the Government to provide information on the number of participants in the training, and the total number and specializations of the officials appointed to the employment services in the country.

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Articles 4 and 5 of the Convention. Reform of the public employment service. Participation of the social partners. The Committee notes that the National Council for Employment, and Vocational Training and Guidance (CNEFOP), established by the Act of 5 March 2014 on vocational training, employment and social democracy, replaces the National Employment Council and the National Council for Lifelong Vocational Training. CNEFOP is a forum for the discussion, follow-up, coordination and evaluation of policies on employment, basic and ongoing vocational training and guidance, and lifelong guidance. Discussion within CNEFOP will, henceforth, be held prior to the conclusion of the target agreement between the State, the National Occupational Union for Employment in Industry and Commerce (UNEDIC) and Pôle Emploi, specifying the conditions in which Pôle Emploi cooperates at regional level with other stakeholders of the public employment service. The social partners and CNEFOP members, are thereby given the opportunity to express their views on the strategy of Pôle Emploi. The Government also refers in its report to the establishment of Regional Committees for Employment, and Vocational Training and Guidance (CREFOP), enabling the number of discussion spaces to be rationalized and their scope of competence to be broadened to deal with issues related to guidance. The Committee requests the Government to continue to provide information on the active cooperation of the employers’ and workers’ representatives in the organization and functioning of Pôle Emploi. It also requests the Government to provide statistics on the number of existing public employment offices, the applications for employment received, vacancies notified, and the placements administered by the various Pôle Emploi offices.

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Article 4 of the Convention. Reform of the public employment service.  Participation of the social partners. The Committee notes the Government’s report received in February 2010, which contains information in reply to the matters raised in its 2008 observation. The Committee notes that the establishment of closer links between the National Employment Agency (ANPE) and the National Occupational Union for Employment in Industry and Commerce (UNEDIC) has led to the creation of Pôle Emploi as a new one-stop shop. Under Act No. 2008-126 of 13 February 2008, a National Employment Council was established as a tripartite body responsible for giving strategic direction to employment policies and ensuring coherence between the missions and activities of the various bodies comprising the public employment service. The Government also indicates that, in the context of the 2008 stimulus package, a social investment fund was created in February 2009 for a period of two years. The fund is designed to coordinate efforts to promote employment and vocational training and is managed by a group comprising representatives of the Government, social partners and the public employment service. The Committee requests the Government to indicate in its next report the activities carried out by the National Employment Council and the governing body of the Pôle Emploi relating to the organization and operation of the public employment service. The Government is requested to indicate whether, in addition to the governing body meetings held, there are any other arrangements allowing the effective involvement of the social partners in the operation of Pôle Emploi.

Article 1(1). Contribution of the free public employment service to employment promotion. The Committee notes that, according to the summary of the results of the evaluation conducted concerning the use of private placement operators, published in October 2009, jobseekers seem to be dealt with more quickly and monitored more often in the context of private job placement operators and the Cap vers l’entreprise (CVE) scheme compared to the usual process. Jobseekers registered with private job placement operators benefited from more support in obtaining employment than they received in the usual process, including assistance in targeting enterprises and help with interview preparation. The Government indicates that, as of 30 June 2009, 9,939 young graduates had benefited from a support service, 62.4 per cent of whom were women, and that 31 per cent of these persons had been placed in long-term employment. The Government also indicates that nearly 70 per cent of these young persons were still in employment six months after the start of their employment contract. The Committee requests the Government to continue providing information on the results of the evaluations conducted concerning the use of private job placement operators, in terms of the integration or reintegration of jobseekers, particularly young persons, into the labour market. It requests the Government to indicate the manner in which collaboration between private job placement operators and Pôle Emploi is ensured.

Article 3. Development of employment offices throughout the territory. The Government indicates that it was deemed necessary to develop the operations of employment centres. Compulsory areas of activity have been determined to contribute to the development of local employment and reduce the cultural and social obstacles preventing access to employment. The reform was due to enter into force in January 2010. According to the Government, the aim of Pôle Emploi is to establish 950 sites covering the entire national territory. This objective was due to be achieved by the end of 2009. The Committee requests the Government to continue reporting on developments relating to the operations of employment centres. It also requests the Government to provide information on the progress made in ensuring that there are sufficient employment centres and Pôle Emploi agencies to serve all geographical areas and that their location makes them easily accessible to both employers and workers.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its 2008 observation which read as follows:

Parts I and II of the report form. Article 4 of the Convention. Reform of the public employment service. Participation of the social partners. The Committee notes the information contained in the Government’s report received in January 2008 for the period ending June 2007. In reply to the observations made in 2006 and 2007, the Government recalls that Act No. 2005-32 of 18 January 2005 on programming for social cohesion redefined the scope of the public employment service, particularly by establishing the principle of closer operational links between the National Employment Agency (ANPE) and the National Occupational Union for Employment in Industry and Commerce (UNEDIC). The State–ANPE–UNEDIC agreement of 5 May 2006 on the coordination of actions of the public employment service described the details of these operational links, placing the emphasis on a “one-stop shop” and an information system. The Committee again asks the Government to indicate what arrangements are made 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, in the context of the reform of the public employment service (Article 4). It also requests the Government to supply a detailed report on the way in which the regulations in force give effect to each of the provisions of the Convention (Parts I and II of the report form).

Article 1, paragraph 1. Contribution of the free public employment service to employment promotion. In response to the Committee’s previous comments, the Government states that the agreement of 5 May 2006 establishes the conditions under which UNEDIC may have recourse to private operators. In this regard, the Committee notes section 5(c) of this agreement, which states that the conditions under which placement bodies may be remunerated by the unemployment insurance system must be laid down by the agreement and the relevant terms and conditions, but that remuneration of these external bodies must largely depend on results in terms of employment placement and quality and that the services are free of charge for the jobseekers concerned. The Committee refers to its observation of 2008 on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it notes the planned reinforcement of the trial use of private job placement operators. The Committee asks the Government to supply information on the results of the new evaluations conducted regarding the use of private placement operators, in order to ensure the essential task of the employment service to achieve the best possible organization of the employment market, in cooperation, where necessary, with other public and private bodies concerned.

Article 3. Development of employment offices throughout the territory. The Government states that Decree No. 2005-259 of 22 March 2005 established procedures for allocating state aid to “employment centres” and provided for the setting up of a national committee for employment centres, which was established in April 2005. With reference to a survey conducted at the end of 2006 by DARES and DGEFP, the Government states that a gradual increase in employment centre operations could be seen in 2006 and the first half of 2007. The Committee requests the Government to describe the impact of the reforms under way on the creation, establishment and functions of employment centres. Please also supply information on all developments that have occurred with regard to the actual establishment of employment offices sufficient in number to meet the requirements of employers and workers in each geographical area.

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Parts I and II of the report form. Article 4 of the Convention. Reform of the public employment service. Participation of the social partners. The Committee notes the information contained in the Government’s report received in January 2008 for the period ending June 2007. In reply to the observations made in 2006 and 2007, the Government recalls that Act No. 2005-32 of 18 January 2005 on programming for social cohesion redefined the scope of the public employment service, particularly by establishing the principle of closer operational links between the National Employment Agency (ANPE) and the National Occupational Union for Employment in Industry and Commerce (UNEDIC). The State-ANPE–UNEDIC agreement of 5 May 2006 on the coordination of actions of the public employment service described the details of these operational links, placing the emphasis on a “one-stop shop” and an information system. The Committee again asks the Government to indicate what arrangements are made 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, in the context of the reform of the public employment service (Article 4). It also requests the Government to supply a detailed report on the way in which the regulations in force give effect to each of the provisions of the Convention (Parts I and II of the report form).

Article 1, paragraph 1. Contribution of the free public employment service to employment promotion. In response to the Committee’s previous comments, the Government states that the agreement of 5 May 2006 establishes the conditions under which UNEDIC may have recourse to private operators. In this regard, the Committee notes section 5(c) of this agreement, which states that the conditions under which placement bodies may be remunerated by the unemployment insurance system must be laid down by the agreement and the relevant terms and conditions, but that remuneration of these external bodies must largely depend on results in terms of employment placement and quality and that the services are free of charge for the jobseekers concerned. The Committee refers to its observation of 2008 on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it notes the planned reinforcement of the trial use of private job placement operators. The Committee asks the Government to supply information on the results of the new evaluations conducted regarding the use of private placement operators, in order to ensure the essential task of the employment service to achieve the best possible organization of the employment market, in cooperation, where necessary, with other public and private bodies concerned.

Article 3. Development of employment offices throughout the territory. The Government states that Decree No. 2005-259 of 22 March 2005 established procedures for allocating state aid to “employment centres” and provided for the setting up of a national committee for employment centres, which was established in April 2005. With reference to a survey conducted at the end of 2006 by DARES and DGEFP, the Government states that a gradual increase in employment centre operations could be seen in 2006 and the first half of 2007. The Committee requests the Government to describe the impact of the reforms under way on the creation, establishment and functions of employment centres. Please also supply information on all developments that have occurred with regard to the actual establishment of employment offices sufficient in number to meet the requirements of employers and workers in each geographical area.

[The Government is asked to reply in detail to the present comments in 2009.]

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The Committee notes that the Government’s report has not been received. It must therefore repeat its 2006 observation which read as follows:

1. Contribution of a free public employment service to employment promotion. The Committee notes the information contained in the Government’s report received in February 2006 covering the period ending 1 September 2005. In particular, it notes the adoption of Act No. 2005-32 of 18 January 2005 establishing the programming for social integration, which revised the organization of the public employment service, and of the Decree of 2 August 2005 on follow-up measures for jobseekers. The Committee notes the end of the legal monopoly of the National Employment Agency (ANPE) for the placement of jobseekers, thereby enabling private employment agencies and temporary work agencies to engage in employment placement activities. The obligation for employers to notify vacancies only to the ANPE has been abolished. The Government states that, in exchange for the end of the employment placement monopoly from which it has benefited up to now, the ANPE has now been granted the possibility of establishing branches to discharge its functions and to charge enterprises fees for the use of its services, except from jobseekers (section L.311-7(3) and (4) of the Labour Code). The Committee notes that a decree is due to be adopted in the Council of State to determine the provisions, including financial rules, under which the ANPE will be able to operate, so as to preserve the quality of the service provided to users and prevent any distortion of competition with private operators. With reference to its 2006 observation on the application of the Employment Policy Convention, 1964 (No. 122), the Committee requests the Government to continue reporting on the measures adopted to maintain or ensure the maintenance of a free public employment service, within the meaning of Article 1, paragraph 1, of the Convention.

2. Development of employment offices throughout the territory. The Government indicates that by redrawing, through the adoption of the Act of 18 January 2005, the limits of the public employment service and by extending the service, the intention is to improve the manner in which unemployment is addressed by making the labour market more dynamic and establishing a firm basis for employment policies throughout the territory. The Committee notes in this respect that, with a view to improving the effectiveness of the public employment service, the Act of 18 January 2005 envisages the establishment of 300 “employment centres”, with the objective of ensuring better cooperation between the various actors in the public employment service in urban areas and employment zones. The Government states that, by the end of 2005, a total of 103 employment centres had been designated, with 200 being envisaged by the end of 2006. The Committee requests the Government to continue reporting on developments relating to the measures adopted to establish and locate sufficient employment offices to serve the needs of employers and workers in each geographical area (Article 3).

3. Cooperation with the social partners. The Government indicates that, in response to the need to coordinate the principal actors in the public employment service, section L.311-1(4) of the Labour Code envisages the conclusion of a multi-year tripartite agreement between the State, the ANPE and UNEDIC, so as to determine the functions and resources of the ANPE and UNEDIC for the implementation of this public employment service. With reference to Article 4 of the Convention, the Committee requests the Government to indicate the arrangements made to secure the cooperation of employers’ and workers’ representatives in the organization and operation of the employment service and in the development of employment policy.

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1. Contribution of a free public employment service to employment promotion. The Committee notes the information contained in the Government’s report received in February 2006 covering the period ending 1 September 2005. In particular, it notes the adoption of Act No. 2005-32 of 18 January 2005 establishing the programming for social integration, which revised the organization of the public employment service, and of the Decree of 2 August 2005 on follow-up measures for jobseekers. The Committee notes the end of the legal monopoly of the National Employment Agency (ANPE) for the placement of jobseekers, thereby enabling private employment agencies and temporary work agencies to engage in employment placement activities. The obligation for employers to notify vacancies only to the ANPE has been abolished. The Government states that, in exchange for the end of the employment placement monopoly from which it has benefited up to now, the ANPE has now been granted the possibility of establishing branches to discharge its functions and to charge enterprises fees for the use of its services, except from jobseekers (section L.311-7(3) and (4) of the Labour Code). The Committee notes that a decree is due to be adopted in the Council of State to determine the provisions, including financial rules, under which the ANPE will be able to operate, so as to preserve the quality of the service provided to users and prevent any distortion of competition with private operators. With reference to its 2006 observation on the application of the Employment Policy Convention, 1964 (No. 122), the Committee requests the Government to continue reporting on the measures adopted to maintain or ensure the maintenance of a free public employment service, within the meaning of Article 1, paragraph 1, of the Convention.

2. Development of employment offices throughout the territory. The Government indicates that by redrawing, through the adoption of the Act of 18 January 2005, the limits of the public employment service and by extending the service, the intention is to improve the manner in which unemployment is addressed by making the labour market more dynamic and establishing a firm basis for employment policies throughout the territory. The Committee notes in this respect that, with a view to improving the effectiveness of the public employment service, the Act of 18 January 2005 envisages the establishment of 300 “employment centres”, with the objective of ensuring better cooperation between the various actors in the public employment service in urban areas and employment zones. The Government states that, by the end of 2005, a total of 103 employment centres had been designated, with 200 being envisaged by the end of 2006. The Committee requests the Government to continue reporting on developments relating to the measures adopted to establish and locate sufficient employment offices to serve the needs of employers and workers in each geographical area (Article 3).

3. Cooperation with the social partners. The Government indicates that, in response to the need to coordinate the principal actors in the public employment service, section L.311-1(4) of the Labour Code envisages the conclusion of a multi-year tripartite agreement between the State, the ANPE and UNEDIC, so as to determine the functions and resources of the ANPE and UNEDIC for the implementation of this public employment service. With reference to Article 4 of the Convention, the Committee requests the Government to indicate the arrangements made to secure the cooperation of employers’ and workers’ representatives in the organization and operation of the employment service and in the development of employment policy.

[The Government is asked to reply in detail to the present comments in 2007.]