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Employment Service Convention, 1948 (No. 88) - Colombia (RATIFICATION: 1967)

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The Committee notes the observations of the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2021. The Committee also notes the observations of the National Employers Association of Colombia (ANDI), received on 31 August 2021. The Committee requests the Government to send its comments in this regard.
Articles 1–3 of the Convention. Contribution of the employment service to employment promotion. The Committee notes with interest the adoption of Decree No. 1823 of 2020 amending Decree No. 1075 of 2015 (Single Decree regulating the labour sector), which regulates the administration and provision functions of the Public Employment Service (SPE). Decree No. 1823 of 2020 establishes measures to strengthen basic employment services, and also specialist services aimed at improving conditions of employability, continued presence in the formal labour market and human talent management procedures. Among other measures, the Decree modifies the procedure and extends analysis and reply times with respect to the authorization of service provision by the Public Employment Service with the aim of enhancing efficiency in the review of authorizations for service provision and more comprehensive follow-up with respect to the authorized provider network, and with a view to better coverage of the provider network by the SPE Unit. The Committee also notes the Government’s indication that the SPE has extended its coverage and presence in the national territory. In this regard, the Government states that, as at 31 July 2021, the SPE comprised 448 public provider network service points in 194 municipalities, with a maximum capacity to cater for over 3 million persons per year, and also 254 private provider service points which offer employment management and placement services. The Government also reports on the implementation of the programme entitled “Strengthening employment and training policies for national work (2020-24)”, which provides for the introduction of technological, institutional and management improvements to enhance the SPE information system with a view, inter alia, to consolidating a single employment exchange that enables access and management with respect to all vacancies throughout the SPE provider network, strengthening services aimed at eliminating obstacles to labour market entry, and facilitating placement in employment for the public. The Committee requests the Government to continue providing detailed, up-to-date information on the measures taken to ensure efficient functioning of the Public Employment Service. The Committee also requests the Government to continue providing detailed, up-to-date information on the numbers of existing public employment offices, applications for employment received, offers of employment notified, and placements effected by Public Employment Service offices.
Articles 4 and 5. Cooperation with the social partners. The Committee notes the Government’s indication that even though the regulations regarding the SPE do not incorporate employers’ and workers’ representatives in its structure and operation, these actors may be consulted in the context of dialogue forums, such as labour sector committees or subcommittees, headed or convened by the Ministry of Labour. The Government also indicates that the labour market entry model implemented by the SPE with a focus on bridging gaps provides for establishing closer contacts with employers in order to identify their needs, with the aim of providing candidates with appropriate knowledge and skills and reducing the obstacles to entry into employment. The Committee notes the indication by the ANDI that the employers’ organizations participate in various bodies for employment promotion, job placement and vocational training through partnerships with public and private entities such as the executive committee of the SPE Unit and the National Training Service (SENA). The Committee requests the Government to provide examples of the manner in which the social partners participate in the activities of the Public Employment Service. The Committee recalls that Articles 4 and 5 of the Convention require the establishment of advisory committees with a view to ensuring the full cooperation of employers’ and workers’ representatives in the organization and operation of the Public Employment Service.
Article 6. Measures to facilitate labour market entry. Vocational training. The Committee notes the detailed information provided by the Government regarding the measures implemented by SENA between 2015 and 2021 to reinforce vocational training for workers and facilitate their entry into the labour market, as well as the impact thereof. The Government refers, inter alia, to measures for comprehensive vocational training and the certification thereof, and for technical vocational training, virtual training and life-long learning. The Committee requests the Government to continue sending detailed, up-to-date information on the impact of the measures implemented to enhance vocational training for workers, including persons in situations of vulnerability, and to facilitate their entry into the labour market.
Article 7(b). Particular categories of applicants for employment. The Committee notes that the Government, in its report on the Unemployment Convention, 1919 (No. 2), indicates that certain population groups have been identified which face difficulties in entering the labour market, such as young people, women, persons with disabilities, and migrants. The Government indicates that the SPE has established two levels of intervention: (i) a basic level, comprising basic job management and placement services; and (ii) a specialized level, comprising additional services aimed at alleviating obstacles for jobseekers based on identification of their needs. The Government states that the SPE, as at July 2021 in the context of its services, had placed 385,950 persons in employment (including 170,210 women, 157,303 young persons, and 1,196 persons with disabilities). The Committee requests the Government to provide detailed, up-to-date information on the type and scope of services provided by the Public Employment Service for priority groups in vulnerable situations, such as women, persons with disabilities, and migrants. The Committee also requests the Government to provide detailed, up-to-date information, including statistical information disaggregated by age and sex, on the impact of such services.
Article 8. Special measures for young people. The Committee refers to its comments on Convention No. 2, in which it notes the various measures adopted to tackle the high rate of youth unemployment. The Committee notes the information provided by the Government on the efforts made to promote jobs for young people in local and departmental entities on the basis of formal employment opportunities offered through the SPE. In this regard, the Government states that action has been taken to strengthen dual training initiatives which alleviate young persons’ lack of work experience, technical assistance has been provided for the development of methodologies for the identification of employment opportunities for young people, and guidance has been given to students with regard to vacancies and occupational profiles required by the productive sector. The Committee also notes that the CTC, CGT and CUT refer in their observations to the study entitled “Youth employability in economic recovery in Colombia” produced by the University of Rosario and the Alianza Efi (partnership for the formal and inclusive economy), which determines the intervention systems with different focuses that are needed to stimulate the stable recruitment of young persons and schemes that link available training with job applications. The Committee requests the Government to continue sending detailed, up-to-date information on the type and scope of measures adopted by the Public Employment Service to provide assistance to young people seeking lasting employment.

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The Committee notes the observations of the Single Confederation of Workers (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Workers (CGT), received on 29 August and 2 September 2015.
Articles 1 and 5 of the Convention. Contribution of the employment service to employment promotion. Cooperation with the social partners. The Committee notes with interest that under Act No. 1636 of 18 June 2013 a Public Employment Service (SPE) was established and that pursuant to Decree No. 567 of 19 March 2014 a National Labour Formalization Network was created. The SPE has a computerized management and placement system which has employment and vocational guidance search pages, a module in which employers enter their information and needs and a labour intermediation site to match supply with demand. The SPE also maintains an information system for the registration of authorized employment service providers and creates a link with occupational training programmes. The CGT deems the changes in the organization of the employment service to be positive because a centralized and transparent system of this kind will facilitate job seeking. The Government indicates that countrywide there are 414 service points for users of the employment service. In 2014, a total of 1,636,054 persons registered with the SPE, of whom 270,014 were placed in jobs. Between July 2014 and April 2015, the placement agencies of the family benefit funds registered 33,232 enterprises and managed placement for 38,225 persons. The Government adds that to encourage recourse to the SPE, an Employment Services Providers Network has been set up which includes the public employment agency of the National Training Service (SENA), public and private management and placement agencies including those set up by family benefit funds, and job exchanges managed by higher education in institutions. The CUT and the CTC emphasize the need to strengthen mechanisms for the participation of workers’ organizations in applying public policy on the national employment service and assessing its results. The Committee requests the Government to continue to send information on the observation of the Public Employment Service. Please also provide information on the cooperation of employers’ and workers’ representatives in the organization and running of the Public Employment Service.
Article 6. Measures to facilitate labour market entry. Vocational training. The Government indicates that in order to reduce unemployment and informal work the SENA has implemented comprehensive vocational training programmes using apprenticeship contracts. In 2014, the SENA contributed to the training of 6,821,779 apprentices. In 2013, vocational training graduates who had obtained work experience through apprenticeship contracts posted an employment rate of 60 per cent. The Committee requests the Government to continue to provide information on the measures implemented to strengthen vocational training for workers and facilitate their integration into the labour market.
Article 8 Special measures for young people. The Government indicates that the “40,000 First Jobs” programme is being implemented through the Public Employment Service Providers Network, which offers funding to pay for six months of employment for young people on condition that they are thereafter engaged for a further period of at least six months. The Committee requests the Government to provide information on the impact of the measures taken by the Public Employment Service to provide assistance to young jobseekers.

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Contribution of the employment service to employment promotion. In the report received in August 2010, the Government provided detailed information on the applications for employment received and the number of persons placed in employment between 2005 and 2010 by the 33 offices of the National Employment Service (SNE) of the National Apprenticeship Service (SENA). The Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC) referred in their comments, which were forwarded to the Government in September 2010, to Articles 2, 3, 6 and 7 of the Convention and indicated that the number of offices is inadequate, there is no effective coordination between the various regions and there are no specialized employment offices. They reiterated their comments in a communication forwarded to the Government in September 2011. They added that there is also a mismatch between the training provided by the State through the SENA and the training required by enterprises, many of which do not make use of the employment service provided by the State. In another report received in August 2011, the Government enumerates its policies for the generation of new jobs in the formal economy, the strengthening of labour market institutions, the design and implementation of active and passive employment policies, the strengthening of the labour inspection system and the system for the training of human capital. The Committee refers to the comments that it has made in relation to the Unemployment Convention, 1919 (No. 2), in which it emphasizes the role played by public employment services and private agencies in ensuring the optimal operation of the labour market. The application of Conventions Nos 2 and 88, ratified by Colombia, would give effect to the right to work and would help to achieve full employment (Article 1(2) of Convention No. 88). In the 2010 General Survey concerning employment instruments, the Committee emphasized that the public employment service is one of the institutions that is necessary to achieve full employment. Together with the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181), Convention No. 88 forms part of a structure that is necessary to sustain employment growth (see paragraphs 785–790 of the 2010 General Survey). The Committee invites the Government to provide more detailed information in its next report on the manner in which the public employment service contributes to achieving the best possible organization of the labour market, with an indication of the manner in which employment offices have been able to meet the needs of employers and workers in each of the regions of the country. The Committee invites the Government to provide information in its report on the new measures adopted for the establishment of institutions with a view to achieving full employment and it encourages the social partners to take into account the Employment Policy Convention, 1964 (No. 122), the ratification and application of which are important for governance.
Cooperation with the social partners. In reply to the previous comments, the Government indicated in the report received in August 2010 that consultations have not been held with the regional employment councils concerning the organization and operation of the employment service. The Government refers to information for 2003 concerning a survey carried out among employers on the employment generation achieved by Act No. 789 of December 2002, establishing measures to support employment and extend social protection. The trade union organizations, however, indicate that they are excluded and do not participate in the determination of general employment policies. In the report received in August 2011, the Government expresses its intention of involving public and private actors, as well as the permanent participation of partners such as trade unions and community organizations which are directly involved in fields relating to employment with a view of articulating and promoting the efficiency of employment services. The Committee emphasized in its 2010 General Survey that member States should promote genuine tripartite consultation on the subjects covered by the employment instruments. Priority needs to be given to consultations with the social partners in the formulation and implementation of labour market policies. The Committee requests the Government to provide tangible examples in its next report of the consultations held with representatives of employers and workers in relation to the organization and operation of the employment service (Articles 4 and 5).
Promotion of the voluntary use of the employment service. The trade union organizations indicate that the use of the National Employment Service does not provide or imply any benefit or incentive for enterprises making use of such instruments. The sole difference is the prejudice to the conditions of employment of those registered in SENA training programmes, as workers attached to the SENA receive lower wages than the others. In its 2010 report, the Government provided information on the number of unemployed persons who received guidance and additional training from the services of the SENA, as well as on the general labour market information made available to the public through the SENA employment observatory. Taking into account the policy orientations outlined in the new National Development Plan, 2010–14, the Committee requests the Government to indicate in its next report the national or local measures adopted in collaboration with employers’ and workers’ organizations to promote the widest possible voluntary use of the employment service, including an evaluation of the manner in which beneficiaries of SENA apprenticeship contracts have succeeded in obtaining suitable employment on the labour market.
Employment service and workers in the informal economy. In reply to the previous comments, the Government indicates that the National Employment Service contributes to the decrease in informality by providing incentives for the participation of legally constituted employers in the process of employment mediation. However, the trade union organizations expressed their doubts concerning the benefits deriving from the application of Act No. 1429 of December 2010, which proposes incentives for formalization during the initial stages of enterprise creation. The Committee invites the Government to include an evaluation in its next report of the impact of Act No. 1429 in promoting the integration of informal workers into the formal labour market. The Committee once again requests the Government to indicate the manner in which the public employment service ensures the effective discharge of the functions set out in Article 6 of the Convention in relation to workers in the informal economy in the main cities of the country, as well as in rural areas.

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The Committee notes the Government’s detailed report for the period ending May 2010, received on 12 August 2010. The Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC) formulated comments on the application of Convention No. 88, which the Office sent to the Government on 6 September 2010. In order to carry out a complete examination of the application of the Convention, the Committee requests the Government to send its own comments concerning the observations received from the CUT and the CTC.

[The Government is asked to reply in detail to the present comments in 2011.]

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1. Contribution of the employment service to employment promotion. With reference to its previous direct request, the Government provides detailed information in its report received in October 2005 on the activities of the Public Employment Service of the National Apprenticeship Service (SENA). It also provides information on the progress achieved by the Programme of Direct Support for Employment (PADE), which has the backing of the private sector to provide employment for the unemployed. The Government adds that between June 2004 and June 2005 the national unemployment rate fell from 14.1 per cent to 11.4 per cent. The Government states that this progress is due to the action taken to increase the coverage of education and vocational training. The Committee would be grateful if the Government would continue providing information on the results attained by the public employment service in achieving the best possible organization of the employment market (Articles 1 and 3 of the Convention). The Committee reaffirms its interest in receiving information on the operation of existing employment offices, both those of the SENA and of the territorial employment councils, so that it can ascertain the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices (Part V of the report form).

2. Cooperation of the social partners. The Government indicates that the various employment councils existing in the country have been evaluated. The Committee once again requests the Government to provide examples with its next report of the consultations held in the framework of the territorial employment councils with representatives of employers and workers concerning the organization and operation of the employment service (Articles 4 and 5).

3. The Committee noted previously that information had been requested from the municipal authorities of the city of Bogotá on the public employment service and workers in the informal economy. The Committee hopes that in its next report the Government will provide information on the manner in which the public employment service ensures the effective discharge of the functions set out in Article 6 of the Convention in relation to workers in the informal economy in the main cities of the country, as well as in rural areas.

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With reference to its direct request of 1998, the Committee notes the detailed report sent by the Government.

1. Articles 1 and 2 of the Convention. The Government states that a network of employment agencies has been set up in the form of employment information centres which come under the National Apprenticeship Service (SENA). The SENA has established strategic links with various chambers of commerce to open up offices, thus achieving significant extension of coverage. Furthermore, in several departments of the country Territorial Employment Councils have been established to deal with the problems of employment and low income affecting part of the population of Colombia. The Committee would be grateful if the Government would include information in its next report on the operation of existing employment offices - of both the SENA and the Territorial Employment Councils - to enable the Committee to ascertain the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices (Part IV of the report form).

2. Article 3. In view of the high level of unemployment (in 2000 urban unemployment reportedly affected 20 per cent of the economically active population), the Committee would be grateful if in its next report the Government would indicate the extent to which existing employment offices are able to meet the needs of employers and of workers.

3. Articles 4 and 5. Further to the comments it has been making for many years, the Committee notes with interest the establishment of Territorial Employment Councils as part of a participatory strategy for regional and local cooperation. The Committee would be grateful if in its next report the Government would include instances of consultations held within the Territorial Employment Councils with representatives of employers and workers concerning the organization and operation of the employment service.

4. The Committee notes an observation by the Foundation of Women of the Informal Sector (FUNDASIM), referring among other things to unemployment and the lack of any strategy or programmes to generate stable and lasting employment for workers in the informal sector. In August 2001 the Office sent the above observation to the Government. The Committee would be grateful if in its next report the Government would indicate how the public employment service carries out effectively the functions listed in Article 6 of the Convention in respect of workers in the informal sector.

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The Committee notes the Government's report which refers to the adoption on 30 December 1997 of Decree No. 3115 regulating the activity of private (profit-making and non-profit making) agencies, as well as the public placement and employment agencies. The Government states that, in addition to the offices of the National Apprenticeship Service, which exists to introduce job applicants to prospective employers, certain employers' associations and public and private colleges provide the same service. The Committee recalls the obligation under the terms of Articles 1 and 2 of the Convention to maintain or ensure the maintenance of a free public employment service consisting of a national system of employment offices. The Committee would be grateful if the Government would indicate the powers and mandate of the national authority responsible for administering a national system of employment offices. The Government is also asked to provide the practical information on this point requested in Part IV of the report form.

Article 3. Please provide information on the measures taken to revise the national network of employment offices in response to the new requirements resulting from the changes in the economy and working population.

Articles 4 and 5. In its previous report, the Government referred to a National Tripartite Commission responsible, among other things, for examining and proposing standards on mediation in the labour market. In its last report, the Government indicated that the Ministry of Labour had established employment committees at a departmental or municipal level. The Committee would be grateful if the Government would describe the manner in which employers' and workers' representatives are consulted in these committees with regard to the organization and operation of the employment service and the development of the employment service programme. Please also provide examples of specific arrangements made through the employment committees with regard to the development of the employment service programme.

[The Government is asked to report in detail in 2001.]

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

Article 3 of the Convention. It notes, in particular, the adoption of Decree No. 2149 of 1992 concerning the modernization of the National Service on Apprenticeship (SENA) and the establishment of the Information System on Employment, as well as the Government's indications concerning the establishment of Employment Information Centres in a number of the cities of the country. The Government also refers to the efforts made with the assistance of the National Employment Institute of Spain, to improve the functioning of the existing employment offices and their revision, which may also contribute to the development of guidelines for restructuring of the national network of employment centres. The Committee would be grateful if the Government would continue to describe in its future reports, any new developments in this field and supply any other information on any measures taken to revise the existing network of employment offices in order to meet the changing requirements of the economy and the working population.

Articles 4 and 5. The Committee notes the information supplied by the Government concerning the organization and functioning of the Supreme Council on Employment, Labour and Social Security and the National Labour Council with its six tripartite committees, including the National Committee on Technological Employment and Human Resources, which is functioning at the national level as an advisory body on the matters concerned. The Government indicates that the above-mentioned National Committee, which includes representatives of employers and workers, may, inter alia, "study and propose standards concerning the intermediation at the labour market". The Committee would be grateful if the Government would state more clearly in its next report, whether this body is consulted on questions relating to the organization and operation of the employment service and to the development of employment service policy. The Government also refers in its report to the Regional Institutional Committees on Employment established in several regions of the country, which include among other members, representatives of certain employers' and non-governmental organizations. Please indicate whether these regional committees include also workers' representatives and whether the representatives of employers and workers on these committees are appointed in equal numbers. Please describe the manner in which representatives of employers and workers on these bodies are consulted on the organization and operation of the employment service and on the development of employment service policy. Please also indicate whether local advisory committees are established, where necessary, in accordance with this Article.

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

Article 3 of the Convention. It notes the Government's statement in the report to the effect that the organizational structure of the National Service on Apprenticeship (SENA), to which the administration of the employment service has been transferred, covers the whole of the national territory by means of the regional branch offices which are sufficient in number to serve each geographical region of the country. The Committee recalls, however, that in its previous report received in 1991 the Government referred to its plans to establish employment offices in all the cities - department capitals (31 in all), as well as mobile and temporary offices. The Committee would be grateful if the Government would indicate, in its next report, any new developments in this field and supply any other information on measures taken, where necessary, with a view to revise the existing network of employment offices in order to meet the changing requirements of the economy and the working population.

Articles 4 and 5. The Committee notes from the Government's report that the tripartite Supreme Council on Employment, Labour and Social Security is functioning at the national level as an advisory body on the matters in question. It would be grateful if the Government would supply, in its next report, more detailed information on the composition and functions of this Council, describing in particular the manner in which representatives of employers and workers on this body are consulted on the organization and operation of the employment service and on the development of employment service policy. Please also indicate whether regional and local advisory committees are established where necessary, apart from the advisory committee in the city of Bogotá to which the Government referred to in its previous report.

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The Committee notes the information supplied by the Government in reply to its earlier comments, and in particular, statistical information requested under Point IV of the report form.

Article 1 of the Convention. The Committee notes the Government's indications in the report concerning the reorganisation of the public employment service provided for by Decrees Nos. 1421 and 1422 of 1989 and No. 1802 of 1990. It would be grateful if the Government would continue to supply, in its future reports, information on any further developments in this sphere, indicating in particular, whether such reorganisation has contributed to "maintain or ensure the maintenance of a free public employment service" and to "the best possible organisation of the employment market", as required by this Article.

Article 3. The Committee notes from the Government's report that certain regions of the country are still not covered by the employment services. It therefore asks the Government to provide information on measures taken or envisaged with a view to further develop the employment service on a nationwide scale in order to cover the whole territory of the country, noting in particular the requirement under this Article of the Convention that the system of employment offices shall comprise a network of local and, where appropriate, regional offices, sufficient in number to serve each geographical area of the country and conveniently located for employers and workers.

Articles 4 and 5. The Government indicates that an advisory committee on employment which includes representatives of the Government, employers and workers has been set up in the city of Bogota and that it has adopted an employment plan for the city of Bogota. The Committee recalls that in its previous reports on this Convention and on the Unemployment Convention, 1919 (No. 2), the Government mentioned a tripartite committee set up by virtue of an agreement between the National Service on Apprenticeship (SENA) and the National Employment Service (SENALDE), and the creation of the National Labour Council and a tripartite employment committee. The Committee requests the Government once again to indicate whether this committee has been established and the manner in which it is planned to consult representatives of employers and workers on this committee on the organisation and operation of the employment service and on the development of employment service policy, in accordance with these Articles.

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1. Article 1 of the Convention. In its previous comment, the Committee noted that a labour market planning system had been created by Regulatory Decree No. 099 of 1984. In its last report, the Government indicates that this system was not operative. Under Decree No. 1421, of 1989, the National Service on Apprenticeship (SENA) was entrusted with the function of promoting and carrying out the administration of a free public employment service. The Government indicates that at the present time the administration of the employment service is being transferred to the SENA and that the General Directorate of Employment of the Ministry of Labour and Social Security is going through a phase of technical and organisational adaptation. The Committee would be grateful if the Government would indicate in its next report the extent to which this reorganisation has contributed to "maintain or ensure the maintenance of a free public employment service" (paragraph 1) and to "the best possible organisation of the employment market", as required by Article 1, paragraph 2 of the Convention.

2. Article 3. The Committee notes that the employment service in its current form has 25 local offices in 22 Departments. It would be grateful if the Government would supply in its next report statistical information published in annual or periodical reports concerning the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by the employment service in its current form (point IV of the report form). In relation to the observation made in 1990 on the application of the Placing of Seamen Convention, 1920 (No. 9), the Committee requests the Government to indicate the extent to which the employment service in its present form covers seafarers.

3. Articles 4 and 5. In comments that it has been making since it examined the Government's first report on the application of the Convention, the Committee has requested information on the measures that have been adopted to give effect to the above provisions of the Convention. In reports on the Convention and in reports on the Unemployment Convention, 1919 (No. 2), the Government mentioned a tripartite committee set up by virtue of an agreement between the SENA and the SENALDE (National Employment Service), and the creation of the National Labour Council and a tripartite employment committee. In view of the recent administrative reorganisation referred to by the Government in its last report on this Convention, the Committee requests it to indicate whether this committee has been set up and the manner in which it is planned to consult it on the subjects set out in these provisions of the Convention.

4. The Committee would also be grateful if the Government would supply information on the measures taken following the technical co-operation agreements concluded with other governments, as noted in the Government's general report for the period between 1 July 1986 and 20 June 1987. [The Government is asked to report in detail for the period ending 30 June 1991.]

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