Ciett members and their commitment to ethical recruitment Sandro Pettineo, Ciett Policy Advisor 01 April 2014
Ciett at a glance Founded in 1967 Represents 137.000 companies (203.500 branches), the industry employs 624.500 internal staff and more than 40 million a yearly basis worldwide Only association representing the private employment services industry: • at large (brings together 50 countries) • in its diversity (uniting 8 of the largest multinational staffing companies as well as hundreds of thousands of SMEs) Represents the full spectrum of HR services: temporary agency work, recruitment, executive search, outplacement, training Recognised as such by international organisations (e.g. ILO, European Union, OECD), key stakeholders (e.g. IOE, ITUC, academic world) and national governments 2
A global confederation North America Europe Northern Asia Canada Austria China Mexico Norway Japan Belgium USA Poland South Korea Bulgaria Portugal Czech Republic Romania Denmark Russia Estonia South America Slovakia Finland Argentina Slovenia France Brazil Spain Germany Chile Sweden Greece Colombia Switzerland Hungary Peru Turkey Ireland UK Italy Latvia Africa Southern Asia Lithuania Morocco Luxembourg Australia Indonesia South Africa Macedonia India Philippines Zambia 3 Netherlands New Zealand Viet Nam (Nepal) Singapore
Corporate Members 4
Ciett’s long-term objectives To protect and promote the interests of private employment services in order to enhance their sustainable growth To create the most suitable legal environment for the private employment services industry to operate in To promote and increase quality standards within the private employment services industry To improve the understanding of the reality of the private employment services industry, especially by gaining recognition for its positive contribution to a better functioning labour market 5
What does Ciett do? Capacity Advocating Educating building (safeguarding (authority & interests) expertise) (market development) • Lobbying • Conferences • Positioning • Membership • Data collection • Social dialogue development • Dissemination • Sharing practices • Networking • Advising governments 6
Ciett added value to members Getting fit regulation Safety wall Opening for up new controversial markets issues Sharing Capacity practices & building knowledge Accessing Reaching market out global data & stakeholders research Improved image & 7 quality label
Ciett’s commitment to fair recruitment
Ciett code of conduct All Ciett members abide to the Ciett Code of Conduct principles, which aims at providing high quality services to: • Jobseekers • Companies The key principles include: • No fees to be charged to jobseekers • Non discrimination against agency workers, • Providing access to training, • No replacement of strikers by agency workers, • Promotion of social dialogue as an appropriate way to organise the industry The code of conduct applies to all Ciett members, and national federations ensure that it is applied and implemented in the operations of their own members 9
No-fees to jobseekers prevents abuses In particular, the principle of no fee charging to jobseekers is key in preventing the risk of workers being exploited in forced labour or trafficking • Having the jobseekers pay for the fees associated to finding an employment increases their risk to be exposed to debt and vulnerability User companies should pay the fee for the employment services that they request, thus guaranteeing that workers don’t have to incur debt The principles of the Ciett code of conduct are based on the provisions of ILO Convention on Image: ILO indicators of forced labour Private Employment Agencies, 1997 (No. 181) 10
Other initiatives on fair recruitment The issue of ethical recruitment is increasing in importance. There are many initiatives as well as international principles that aim at ensuring ethical cross-border recruitment practices as a way to fight forced labour and human trafficking 11
How to make this work? All these initiatives build on international standards to fight forced labour and human trafficking, and to various degrees they all deal with cross-border recruitment through private employment agencies However, in order for these initiatives on ethical recruitment to be successful, there are two key conditions to be met: 1. Further ratifications/adherence to ILO Convention on Private Employment Agencies, 1997 (No. 181) and its accompanying Recommendation No. 188 2. Better organisation of the private employment agencies industry in every country by establishing national federations committed to fair recruitment 12
Achieving appropriate regulation
ILO Convention No. 181 The Convention is key to achieve appropriate regulation for PrEAs, which means regulation that: Freedom to Protection of provide services • Takes advantage of the positive agency workers contribution of private employment agencies in the labour market The convention Freedom of • Ensures protection of workers by recognises the role preventing fee charging and fostering association and freedom of association and collective of PrEAs in a well right to collective bargaining functioning labour bargaining are market protected Adopting regulation modeled on the Convention ensures a level-playing field for the operations of the private Allow and regulate No fees to be employment agencies and a way to the services of charged to agency get rid of mala fide operators PrEAs (art 2.3) workers (art. 7) The code of conduct – which is based on the Convention – binds Ciett members only in countries where there is no regulation BUT it does not prevent other 14 operators to charge fees, retain passports, etc.
Key features of appropriate regulation on PrEAs Recommendation No. 188 Convention No. 181 • Triangular relationship recognised • Written contracts • No strike-breaking • Licensing/certification is rule • No workers for ‘risky’ jobs • Safegarding fredoms of association/negotiating • Duty to inform ‘migrant workers’ • No discrimination • No acceptance of discriminating job orders • Respecting privacy • Positive action • No fee from workers • No non-functional registrations • Attention for migrant workers • Rules for recruiting • No child labour • Qualified people • Complaint procedures • Free mobility • Protection of workers’ rights • Cooperation public/private employment services • Promotion cooperation public/private 15
The role of national federations
The virtuous circle to improve regulation on PrEAs Employment Regulation on PrEAs is affected by: protection • The image of the industry • The level of social acceptance • Employment protection At the same time, regulation also influences the image and social acceptance, creating a cycle Social Image This is why it is necessary to acceptance establish national federations: • To improve regulation and image of the industry • To ensure that its members are operating ethically 17
Regulation: From reject to respect The timeline evolution of AW acceptance Illegality Legal Social Normative Societal Full Grey zone recognition tolerance acceptance acceptance recognition •Hostility & •AW •Useful tool •AW as an •AW as a •Containment rejection of accepted for labour acceptable desirable of an this new by trade market work choice for unpopular form of unions, if policies alternative work industry, as a work properly last resort HR relationship regulated provider Social CLAs in No Coercitive Lifting Relevant partners to addition to regulation regulation restrictions define regulation existing law regulation India Argentina Australia Japan Canada Pakistan Brazil Netherlands Germany France Bangladesh China UK Nordics Belgium Algeria Morocco USA Italy Tunisia Russia Portugal Namibia South Africa Spain 18 Uruguay Venezuela
National federations drive the transition from reject to respect Governance SOCIAL DIALOGUE A key element in securing Acceptable regulation Part of the solution Strategy … not the problem IMAGE Membership Advocacy Members services 19
Strong national federations of PrEAs improve regulation and recruitment practices Capacity building and training for central employers’ organisations and national federations for PrEAs are central to help develop a sound environment for the industry to operate Having a strong national federation of PrEAs will improve relations with the government, trade unions and other stakeholders, which will benefit both the regulatory framework and the image of the industry. Roundtable in Georgia, 2013 Ciett, together with the ILO International Training Centre, helps new and developing national federations with training modules, roundtables, and exchanges with more mature federations on appropriate regulation: • Ciett organised capacity building events in 2012 in Russia, in 2013 in Georgia and in Malaysia Ciett is committed to strengthening national federations of PrEAs as a way to achieve better regulation and ensure ethical recruitment practices in line with the Ciett code of conduct and C181 20
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