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Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Sri Lanka (RATIFICATION: 1958)

Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes the Government’s report received in July 2014, including the measures taken in 2009–14 to implement the National Labour Migration Policy for Sri Lanka. The Committee notes the statistics provided on labour migration and notes in this regard the increased figures in 2013, compared to 2012, of approvals granted for foreign employment and licensing of foreign employment agencies. The Committee also notes the legislative changes made, generated by the Sri Lanka Bureau of Foreign Employment (Amendment) Act, No. 56 in 2009. Section 6 of the Amendment Act provides that if any licensee does not receive any commission or any other payment to secure employment opportunities outside Sri Lanka, he may charge the actual expenses to be incurred, in addition to the registration fee from any recruit, after having obtained prior approval. Following the Act, a subcommittee including officers of the Sri Lanka Bureau of Foreign Employment was appointed to investigate if the fees charged by the recruitment agents to the workers were acceptable. Other developments include an increase in the amount of penalties of fraudulent and unethical activities by licensed agents and the restrictions on publication of advertisement by recruitment agencies. Moreover, the Sri Lanka Bureau of Foreign Employment developed and approved the Code of Ethical Conduct for Licensed Foreign Employment Agencies so as to improve the quality of employment service of the licensed agencies. The Code was developed in consultation with the Government, trade unions and the recruitment agents, with the technical assistance of the ILO. The Committee invites the Government to provide updated information on measures taken to regulate fee-charging employment agencies, including the decisions taken by the subcommittee of the Sri Lanka Bureau of Foreign Employment concerning the amount of fees charged by recruitment agents.

Prospects for the ratification of Convention No. 181. The Committee previously drew the Government’s attention to the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the functioning of the labour market. In this regard, the Committee recalled that the ILO Governing Body invited States parties to the Convention to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will, ipso jure, involve the immediate denunciation of the Convention (GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Government states in its report that ratification has not been taken yet. The Committee invites the Government to provide information on any developments which, in consultation with the social partners, might occur in this regard.