Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Eswatini (Ratification: 1981)

Part II of the Convention. Abolition of fee-charging employment agencies. The Committee notes the Government’s indication that a new Employment Bill has been drafted with ILO technical assistance. The Government reports that the draft Employment Bill has been discussed on several occasions within the tripartite Labour Advisory Board (LAB). The Government makes particular reference to section 131 of the draft Employment Bill, which prohibits triangular forms of employment. It adds that the draft Bill will be forwarded to the Cabinet and subsequently to Parliament for its approval. The Committee nevertheless observes that the Government has not provided updated information on the manner in which the Convention is applied in practice. The Committee therefore reiterates its request that the Government provide updated information on the national legislation giving effect to Part II of the Convention. The Government is also requested to provide a copy of the new Employment Bill once it is adopted. The Committee also reiterates its request that the Government provide detailed updated information on the manner in which the Convention is applied in practice, including, for instance, extracts from official reports, information regarding the number and nature of the contraventions reported and any other particulars bearing on the practical application of the Convention.

Revision of Convention No. 96. In its previous comments, the Committee requested the Government to provide information on any developments, in consultation with the social partners, concerning the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181). In this regard, the Committee notes that the Government indicates that there is no information available on the outcome of the tripartite consultations held within the LAB with regard to the possible denunciation of Convention No. 96 and ratification of Convention No. 181. The Committee notes the Government’s indication that it commits itself to fully implement the provisions of Convention No. 96 until such time as it is officially denounced subsequent to the ratification of Convention No. 181. In this respect, the Committee recalls that the Governing Body of the ILO (at its 337th Session in October 2019), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), classified Convention No. 96 as being in the category of instruments that are no longer up to date and placed an item on the agenda of the 119th Session of the International Labour Conference in 2030 for due consideration to be given to its abrogation. The Committee recalls that the Governing Body of the ILO, at its 273rd Session in November 1998, invited the States parties to Convention No. 96 to contemplate the possibility of ratifying Convention No. 181. Such ratification would entail the immediate denunciation of Convention No. 96.Recalling that the ratification and application of Convention No. 181 would contribute to strengthening vigilance with regard to the activities of private employment agencies and the protection of workers, the Committee encourages the Government to follow up on the decision adopted by the Governing Body at its 337th Session (October 2019) approving the recommendations of the SRM TWG and to consider ratifying the Private Employment Agencies Convention, 1997 (No. 181), which is the most up-to-date instrument in this subject area.The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.