Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Pakistan (Ratification: 1952)

Part II of the Convention. Progressive abolition of fee-charging employment agencies with a view to profit. The Government indicates in its report that efforts are being made to revive or where required to establish employment exchanges to comply with the provisions of the Convention. Employment exchanges are functional in Sindh and have also been established in Khyber Pakhtunkhwa. The Committee notes in this regard that there are 17 employment exchanges in the Sindh Province. The Government further indicates that, after establishing employment exchanges in other provinces and in the Islamabad Capital Territory, steps will be taken to progressively abolish fee charging employment agencies. The Committee notes form the report that no specific period is specified by the Government for the abolition of fee-charging employment agencies because a comprehensive set-up of public employment service is not established in the country, which is a prerequisite for the initiation of the process of abolition of fee-charging agencies. It also notes the lack of harmonization of labour laws at the provincial level and the fact that efforts are needed to develop an institutional set-up in line with the Fee-Charging Employment Agencies (Regulation) Act, 1976. In reply to concerns raised by the Pakistan Workers’ Federation (PWF) concerning a lack of detailed data on existing employment services provided, the Government indicates that efforts are being made to put in place a mechanism for the collection of statistical information by the provincial governments for publication and reporting. It adds that requisite data will be made available in the next report. The Committee requests the Government to provide detailed information on the measures taken to establish a public employment service at the provincial level and on the number of public employment offices and the geographical areas they serve (Article 3(1) and (2)). It also requests the Government to provide information on the supervision of fee-charging agencies by the competent authority (Article 4(1)(a), (2) and (3)).

Revision of Convention No. 96. Prospects of ratification of Convention No. 181. The Committee previously highlighted the role that the Private Employment Agencies Convention, 1997 (No. 181), and the Private Employment Agencies Recommendation, 1997 (No. 188), play in the licensing and supervision of placement services for migrant workers and the role that Convention No. 181 attributes to private employment agencies for the functioning of the labour market (see General Survey concerning employment instruments, 2010, paragraph 730). The Committee also invited the Government to continue to report on the steps taken to ratify Convention No. 181. In reply to the observations made by the Committee, the Government indicates that the federal and provincial governments have notified the Tripartite Consultation Committees with a mandate to give recommendations concerning the ratification of ILO Conventions not yet ratified by Pakistan. The Committee notes that the matter is being examined and deliberated by the Tripartite Consultation Committees. The Committee therefore requests the Government to continue to report on the consultations held with the social partners concerning the ratification of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which would involve the immediate denunciation of Convention No. 96.