Employment law
Recruitment
The recruitment of staff is a prerogative that falls within the employer’s discretion. However, this freedom is subject to certain restrictions. Before launching a recruitment process, is it necessary to seek authorisation from the labour inspectorate? Generally speaking, no, except in the case of recruiting foreign workers, which is subject to authorisation from the ANPE, and when recruiting someone on a fixed-term contract, in which case a copy of the contract must be submitted to the labour inspectorate before the contract comes into effect.
Recruitment agencies
Prior to Law 92-020, the ANPE (formerly the National Office for Labour and Employment – ONMOE) held a monopoly on job placement. Since the introduction of this law, this service has been provided by the ANPE and private employment agencies. Today, job advertisements and applications may only be posted or advertised by any other means within the premises of employment agencies.
All recruitment must therefore be carried out by a public or private employment agency, failing which a fine will be imposed.
Job vacancies must be free from any form of discrimination. Within 15 days of any recruitment, the employer must draw up a declaration and send it to the agency that arranged the placement.
This declaration must state the employer’s name and address, the nature of the business, full details of the worker’s civil status and identity, their registration number, their occupation, where applicable the name and address of their previous employer, and their place of residence.
New: Paid employment agencies are required to report periodically to the ANPE on all the placements they have made. This information is analysed by the ANPE’s Employment and Training Observatory (OEF) and forwarded to the Ministry of Employment and the Civil Service.
Jargon
Accreditation: The establishment of a fee-charging employment agency is subject to the granting of accreditation by the labour inspector responsible for the area in which the agency operates. If the agency’s activities extend nationwide, accreditation is granted by the National Labour Directorate.