Private Employment Agencies Convention, 1997 (No. 181) - Suriname (Ratification: 2006)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Application of the Convention in law and in practice. The Government reiterates in its report that the Private Employment Agencies Act and the Labour Exchange Act were prepared by a ministerial commission in 2008 in which representatives of employers and workers were invited to participate, and that the purpose of the proposed legislation is to implement the Convention and its accompanying Recommendation (No. 188). The Government adds that, following the submission of the draft legislative texts to the Council of Ministers and to the State Council, the legislative texts were submitted to the National Assembly for approval. The Government further indicates that the draft legislative texts contain protections relevant to the application of Articles 6, 7 and 10–13 of the Convention. The Committee once again expresses the hope that the legislative review will soon be completed and requests the Government to provide copies of the legislation once it is adopted. In this regard, the Committee refers to its previous comments and requests the Government to provide detailed information on the application of Articles 6, 7 and 10–13 of the Convention, as well as information on the conditions governing the operation of private employment agencies (Article 3(2)). The Committee also requests the Government to provide a general appreciation on the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Government indicates in its report that the Private Employment Agencies Act and the Labour Exchange Act were prepared by a ministerial commission in which representatives of employers and workers were invited to participate. Amendments to the draft legislation were made following discussions in the Labour Advisory Board in 2012 and 2013. The Government indicates that the legislative texts have been submitted to the Council of Ministers for approval. The Committee hopes that the legislative review will soon be completed and requests the Government to report on the developments of the ongoing review of labour legislation and the measures taken to ensure the effective application of the provisions of the Convention set out below. It also requests the Government to provide a general appreciation on the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported (Part V of the report form).

Article 7 of the Convention. Fee-charging private employment agencies. The Committee previously noted that, under section 12 of the Labour Exchange Act (LEA), private employment placement agencies, which charge fees to compensate for their costs, are allowed to operate upon receipt of the permission from the Minister of Labour. The Committee notes that the Government does not intend to exclude any category of workers or specified type of services on the basis of Article 7(2) of the Convention in the two draft laws presented to the Council of Ministers. The Government adds that it intends to make an exception for registration fees, which should be regulated by the Government. Noting that the Government intends to authorize an exception with regard to registration fees that may be charged by private employment agencies, the Committee requests the Government to provide information on the consultations held with organizations of employers and workers in this regard (Article 7(2)). If the exception is authorized, the Committee invites the Government to provide information on the exception and give the reasons therefore (Article 7(3)).

Article 6. Processing of personal data of workers. The Government indicates that the Labour Exchange Act does not provide specific guarantees with regard to the protection of workers’ personal data. It adds that the draft amendments to the Labour Exchange Act include specific provisions in this regard, taking into account Article 6 of the Convention. The Committee hopes that the legislative review will soon be completed and requests the Government to provide updated information on the manner in which full effect is given to Article 6.

Article 10. Machinery and procedures for the investigation of complaints. The Government reiterates that infringements of the provisions of the Labour Exchange Act can be reported to the labour inspectorate. During routine inspections the labour inspectorate can detect infringements of the law also. Labour inspectors have the authority to instruct the agencies to bring their company procedures in line with the law within a certain time frame. Depending on the seriousness of the infringement, the labour inspectors can also recommend the imposition of a fine or imprisonment. These recommendations are executed by the Office of the Public Prosecutor and impositions are sanctioned by the judge in court of law. The Committee invites the Government to provide further information on the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies and how the most representative employers’ and workers’ organizations are involved in this process, including information from the labour inspectorate.

Articles 11 and 12. Protection for the workers employed and the responsibilities of the user enterprises. In reply to the previous comments, the Government indicates that the protection of workers employed by temporary employment agencies is incomplete with regard to the services mentioned in Article 1(1)(a) of the Convention. It indicates that amendments to the Labour Exchange Act intend to complete the protection in line with the Convention. With regard to services referred to in Article 1(1)(b), the draft Private Employment Agencies Act intends to make the agency responsible for the wages, including minimum wages. The Committee notes the detailed information provided by the Government on the manner in which draft legislation allocates responsibilities between private employment agencies and the user enterprises. While maternity protection and benefits and parental protection are not yet covered in legislation, they will be under the agency’s responsibility, and not the user enterprise’s. The agency and the user enterprise will have joint responsibility with regard to occupational safety and health. The Government adds that there are no specific provisions in existing or draft legislation in relation to access to training. The Committee hopes that the legislative review will soon be completed and will include provisions on workers’ access to training (Article 11(f) and Article 12(e)). It requests the Government to provide updated information on the manner in which full effect is given to the matters listed in Articles 11 and 12 of the Convention.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that there are no legislative provisions concerning the cooperation between the public employment service and private employment agencies. It adds that the draft amendments to the Labour Exchange Act and the Private Employment Agencies Act contain specific provisions to enhance cooperation. The Committee hopes that the legislation will soon be adopted and that it will be in a position to examine information on the application of Article 13, in both law and practice, in the Government’s next report.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. The Committee notes the Government’s first report on the application of the Convention received in September 2008. The Government indicates that the Ministry of Labour has created several committees to review legislation and, in some cases, to draw up new legislation. The Committee on Employment Agencies is tasked with studying the Convention and the CARICOM legislation and to recommend action to be taken at the national level. The Government indicates in a report received in September 2009 that it is in the process of updating the current legislation and that the Ministry of Justice has presented a draft to the Labour Advisory Board. The Committee asks the Government to report on developments in the context of the ongoing review of labour legislation. The Government is also requested to provide a general appreciation, in its next report, on the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported (Part V of the report form). In this regard, the Committee invites the Government to consider and provide further information in respect of the implementation of the following matters under the Convention.

2. Article 7 of the Convention. Fee-charging private employment agencies. The Committee notes that, under section 12 of the Labour Exchange Act (LEA), private employment placement agencies, which charge fees to compensate for their costs, are allowed to operate upon receipt of the permission of the Minister of Labour. The Government also indicates that temporary employment agencies, which are the most common form of employment agencies in Suriname, are not regulated under the Labour Exchange Act. The Government is requested to clarify whether private employment agencies which are permitted to charge a fee to compensate for their costs only provide services to certain categories of workers, or provide specified types of services, which the Government intends to exclude from the provisions of the Convention as provided for under Article 7(2) of the Convention. The Government is also requested to clarify whether temporary employment agencies charge directly or indirectly, in whole or in part, fees or costs to workers (Article 7(1)).

3. Article 6. Processing of personal data of workers. The Government indicates that personal data is protected by regulations of the Penal Code and by the right to privacy as specified by section 17 of the Constitution of Suriname. The Government further indicates that these protections extend to the processing of personal data of workers by private employment agencies. The Committee asks the Government to provide information on how it ensures that the processing of personal data of workers by private employment agencies is limited to matters related to qualifications and professional experience of the workers concerned and any other directly relevant information.

4. Article 10. Machinery and procedures for the investigation of complaints. The Government indicates that, under section 20 of the LEA, abuses and fraudulent practices concerning the activities of private employment agencies are investigated by the labour inspectorate, police or special officials of the Minister of Labour. The Government is requested to provide more detailed information on the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies and how the most representative employers’ and workers’ organizations are involved in this process.

5. Articles 11 and 12. Protection for the workers employed and the responsibilities of the user enterprises. The Committee notes the information provided by the Government on the means by which protection is provided to workers employed by private employment agencies, in respect of some of the matters set out in Articles 11 and 12. The Government is also requested to clarify how it ensures the protections under the Convention are extended to cover workers employed by temporary employment agencies. The Committee also asks the Government to provide information in its next report as to how it ensures adequate protection for workers, employed by private agencies, with a view to them being made available to a third party, in respect of minimum wages, access to training, maternity protection and benefits, and parental protection and benefits. The Government is also requested to define how responsibilities for the provision of such protection is allocated between the private employment agencies and the user enterprises.

6. Article 13. Cooperation between public employment service and private employment agencies. In providing information on developments in the context of the review of the LEA as requested above, the Government is also requested to provide information on the conditions established to promote cooperation between the public employment service and private employment agencies, following consultations with the most representative organizations of employers and workers, and such other information requested in the report form in respect of this provision of the Convention.