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The Congress of South African Trade Unions is seriously concerned at the false impression conveyed by the article, and particularly the headline, in Business Report, 5 November 2009 - "Labour broking is vital service, says ILO paper". As the ILO Press Statement (see below) makes clear, the report is unbalanced, takes quotes out of their context and misrepresents the ILO's position on labour brokers.

COSATU deplores what can only be a malicious and unethical attempt to influence the important debate on labour brokers. It will however only make the federation even more determined to press ahead with its campaign to have this anti-worker and anti-union practice outlawed in South Africa.

Press Statement

by ILO

TEMPORARY EMPLOYMENT SERVICES

RESPONSE TO ARTICLE IN BUSINESS REPORT 5 NOVEMBER 2009

It is with concern and disappointment that I read the article in the Business Report of 5 November 2009 pertaining to Labour Brokers. To quote the ILO out of context is unacceptable particularly given the current sensitivities surrounding the debate in South Africa. I would have expected the ILO to have been contacted prior to the matter being reported upon.

The ILO remains impartial on this issue, in that it has a specific Convention on the subject that was adopted by governments, employers and workers in 1997 (Convention 181).

The tripartite partners called on the ILO Geneva to publicize Convention 181 on temporary employment services through a Workshop to promote ratification of the Private Employment Agencies Convention, 1997 (No. 181) held in Geneva 20-21 October 2009.

Representatives of SACCAWU, UASA, APSO and Services SETA from South Africa were in attendance, but the Government of South Africa was not represented.

The article from Business Report on 4 November is unbalanced; it portrays part of the ILO's view, while leaving out other essential parts of our approach. Neither I nor Mr. John Myers, referred to in the article was contacted directly for the article. Mr. Myers did however give a press conference on 22 October at the Palais des Nations, Geneva.

A more accurate title would have been "Labour broking can be an important service when properly regulated, says ILO paper": we never used the word "vital", and simply said that "Private employment agencies play an important role in the functioning of contemporary labour markets."

The ILO took care to ensure that the Issues paper ("Private employment agencies, temporary agency workers and their contribution to the labour market") and the Press release ("ILO report says temporary workers among the worst hit by the economic crisis, urges balance between flexible labour markets and workers' protection") at http://www.ilo.org/global/About_the_ILO/Media_and_public_information/Press_releases/lang--en/WCMS_115808/index.htm) emphasize the essential role of Convention 181 and of the principles it includes in setting a clear framework for regulation, licensing and self-regulation of private employment agencies.

Such regulation and monitoring of the operations of private employment agencies encourages reliability; ensures effective protection of workers against unfair practices; and discourages human trafficking.

We therefore want to stress that ratification of ILO Convention No. 181 on private employment agencies can help countries to promote and implement the Decent Work Agenda by ensuring protection of the rights and working conditions of agency workers, but this should be based on compliance by private employment agencies with the principles of Convention No. 181 and with industry-wide codes of conduct.

However, if private employment agencies do not offer temporary agency workers a safe work environment, decent conditions of work, and equal treatment when compared to other workers in a user enterprise, the ILO would not support this.

The purpose of licensing and regulation of labour broking is to prevent unscrupulous, incompetent and bogus labour brokers from operating; and also to encourage the improvement of quality standards and the development of good practices.

Not all labour brokers are good, and not all labour broking is "vital"; if there is no regulatory framework in place to monitor their operations, there will no doubt be problems with the system.