The Federal Government and the International Labour Organisation (ILO) have said a review of the Code of Conduct for Private Employment Agencies (PEAs) has become necessary to better position Private Employment Agencies to promote decent and productive employment in Nigeria.
Speaking in Abuja during a validation meeting of the Revised Code of Conduct, Permanent Secretary of the Ministry of Labour, Dr Yerima Tarfa said Private Employment Agencies play a critical role in protection of workers’ rights.
The Permanent Secretary, who was represented by Director, Wages and Salaries at the ministry, Nyamali John, said the imperative for a code to regulate and set standards of operation could not be more relevant than in a developing economy like Nigeria.
He explained that the ILO Convention No.181 on Private Employment Agencies mandates member states to regulate the activities of PEAs through licencing or registration.
According to him, “In line with the provisions of that Convention, the Federal Ministry of Labour and Employment commenced licencing of PEAs in 2007. This came after the Ministry in collaboration with the social partners developed guidelines governing the licencing of PEAs.
“Since the commencement of the licencing regime, the greatest challenge has been enforcement of the guidelines. This has become more problematic in the face of dwindling government revenue.
“Commendably, ILO Recommendation No.188 recommends alternative means of regulation. Specifically, article 2 (2) of the Recommendation urge member states to supplement national laws and regulations applicable to Private Employment Agencies with codes of ethics and self-regulatory mechanisms. The imperative for a code to regulate and set standards of operation could not be more relevant than in a developing economy like Nigeria.”
The Permanent Secretary said the Ministry of Labour and Employment has come to the realisation that self-regulation is the best form of regulation, adding that it was for this reason that the ministry in collaboration with the Nigeria Employer’s Consultative Associated with funding from the ILO developed the Code of Conduct for Private Employment Agencies in 2011.
He said further that over the past decade, a number of developments in the outsourcing industry have made a review of the 2011 Code of Conduct compelling.
He said, “The review was further informed by the need to incorporate additional guidelines that will better position Private Employment Agencies to promote decent and productive employment in a globalised world.”
In her remarks, the Director of the ILO office in Abuja, Vanessa Phala said the revision of the 2011 Code of Conduct for PEAs in Nigeria will contribute to amongst other things, the strengthening and enhancing of labour migration governance and child labour elimination processes in Nigeria.
She said ten years after the adoption and implementation of the existing 2011 Code of Conduct for Private Employment Agencies, visible challenges still exist regarding the awareness of its existence, the application of the normative contents, persistence in operations of unregistered recruiters in the industry as well as splinter groups and the absence of a monitoring and evaluation framework to access the level of implementation and compliance to the provisions contained therein.
She said, “The Private Employment Agencies play a huge role in job creaton and decent work, therefore, updating the Code of Conduct taking into consideration the lapses of the past 10 years is a priority. The collaborative efforts with stakeholders will play a huge role in enhancing the operating framework establishing the Private Employment Agencies (PEAs) and provide additional demand driven assistance for operators in the industry.”