Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Employment Service Convention, 1948 (No. 88) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. In its previous comments, the Committee invited the Government to indicate the progress achieved by the National Employment Office (ONEM) in ensuring the effective operation of a free public employment service. In this respect, the Government reports the establishment of regional offices in the 11 former provinces of the country and of branches in the 24 municipalities of the city province of Kinshasa. The Government adds that, in August 2015, at the 31st Ordinary Session of the National Labour Council held by the Ministry of Employment, Labour and Social Welfare, the tripartite constituents revised Order No. 062/08 of 18 September 2008 establishing the requirements for the opening, approval and operation of private employment agencies in order to enable them to play a more effective role and allow the ONEM to more effectively organize the operation of the labour market. Regarding the application of the Convention in practice, the Government indicates that, from January 2013 to September 2014, 17,712 jobs were created and 40,151 applications for employment were received. The Government adds that, in 2014 and 2015, the ONEM registered 58,200 jobseekers and placed 15,709 persons in employment, an increase from the previous year of 18,049 jobseekers and 2,157 placements. The Committee requests the Government to continue providing up-to-date information regarding the measures taken or envisaged by the National Employment Office to ensure the effective operation of a free public employment service, including further information on the role and activities of the regional offices and local branches. The Committee also requests the Government to indicate the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by the offices. The Committee requests the Government to provide further information on the manner in which the revision of Decree No. 062/08 of 18 September 2008 has enabled private employment agencies to play a more effective role and allowed the ONEM to more effectively organize the functioning of the labour market.

Article 3. Regional offices. In reply to the Committee’s previous comments, the Government indicates that the financial resources of the ONEM have been strengthened as a result of employer contributions established by Ministerial Order No. 125/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 26 September 2013 amending and supplementing Ministerial Order No. 028/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 18 March 2013. The Government indicates that these financial resources have resulted in the establishment of six further regional offices, operational since 2013, in all the former provincial capitals. The Government adds that, following the territorial restructuring in 2016, the country now has 26 provinces, of which 11 have operational regional offices, five new provinces have branches and five zones of robust economic growth also have branches. The Government indicates that efforts are being made to cover the remaining new provinces. The Government also indicates the existence of a website where jobseekers can find the information they require and register online. The Committee requests the Government to indicate in its next report the progress made regarding the establishment of provincial offices of the National Employment Office, particularly in the remaining provinces, and the other measures taken or envisaged to respond to the needs of employers and workers in all geographical regions of the country.

Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the Decree establishing the ONEM provides for the participation of employers and workers on its administrative board. The Government adds that, while waiting for the administrative board of the ONEM, which is responsible for workers’ rights, to become operational, it is seeking to enhance collaboration with employers’ organizations through partnership agreements signed with the Federation of Enterprises of Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium-sized enterprises (COPEMECO). The Committee hopes that the Government will take all the necessary measures to ensure that the administrative board of the National Employment Office is operational as soon as possible. It therefore requests the Government to provide information on any progress made regarding the operation of the administrative board of the National Employment Office. The Committee reiterates its request for the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM and the social partners result in cooperation in the organization and operation of the employment service and in the development of employment service policy.

Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that it gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies through Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 amending and supplementing Ministerial Order No. 12/CAB/MIN/ETPS/062/08 of 18 September 2008 establishing the conditions for the opening, approval and operation of private employment agencies. The Committee notes that, in this context, the ONEM has authorized the operation of 136 private employment agencies with which it holds periodic meetings to assess whether they are functioning effectively and to remedy possible weaknesses. The Government adds that the ONEM organized a training workshop for the managers of private employment agencies in December 2015 in Kinshasa. The Committee notes with interest that section 9 of Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 provides that private agencies shall be in permanent collaboration with the ONEM. Section 20 provides for regular meetings (quarterly or six monthly) organized by the ONEM, at its own initiative or upon the request of the private agencies, in order to conduct an exchange of experience. The Committee observes that the Order is closely based on the provisions of the Private Employment Agencies Convention, 1997 (No. 181). Referring to its pervious comments, the Committee draws the Government’s attention to the fact that Conventions Nos 88 and 181 complement one another. In its 2010 General Survey concerning employment instruments, paragraphs 785–790, the Committee emphasized that cooperation between public employment services and private employment agencies is necessary for the operation of the labour market and the achievement of full employment. The institutions envisaged by Conventions Nos 88, 181 and the Employment Policy Convention, 1964 (No. 122), make an essential contribution to employment growth. The Committee requests the Government to continue providing information on the effective collaboration between the ONEM and private employment agencies and the outcomes of their periodic meetings. It also requests the Government to continue providing information on the measures adopted or envisaged to facilitate effective collaboration between the public employment service and private employment agencies in order to achieve the optimal operation of the labour market and contribute to the objective of full employment.