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      <H3><FONT color=#0000ff>C181 Private Employment Agencies Convention, 1997 
      </FONT></H3></B><FONT size=-2>Convention concerning Private Employment 
      Agencies (Note: Date of coming into force: 10:05:2000) <BR>Convention:C181 
      <BR>Place:Geneva <BR>Session of the Conference:85 <BR>Date of 
      adoption:19:06:1997 <BR>Subject classification: Employment Services - Job 
      Placement <BR>Subject: <B>Employment policy and Promotion</B> <BR>Status: Up-to-date instrument This Convention 
      was adopted after 1985 and is considered up to date. </FONT>
      <P>The General Conference of the International Labour Organization,
      <P>Having been convened at Geneva by the Governing Body of the 
      International Labour Office, and having met in its Eighty-fifth Session on 
      3 June 1997, and
      <P>Noting the provisions of the Fee-Charging Employment Agencies 
      Convention (Revised), 1949, and
      <P>Being aware of the importance of flexibility in the functioning of 
      labour markets, and
      <P>Recalling that the International Labour Conference at its 81st Session, 
      1994, held the view that the ILO should proceed to revise the Fee-Charging 
      Employment Agencies Convention (Revised), 1949, and
      <P>Considering the very different environment in which private employment 
      agencies operate, when compared to the conditions prevailing when the 
      above-mentioned Convention was adopted, and
      <P>Recognizing the role which private employment agencies may play in a 
      well-functioning labour market, and
      <P>Recalling the need to protect workers against abuses, and
      <P>Recognizing the need to guarantee the right to freedom of association 
      and to promote collective bargaining and social dialogue as necessary 
      components of a well-functioning industrial relations system, and
      <P>Noting the provisions of the Employment Service Convention, 1948, and
      <P>Recalling the provisions of the Forced Labour Convention, 1930, the 
      Freedom of Association and the Protection of the Right to Organise 
      Convention, 1948, the Right to Organise and Collective Bargaining 
      Convention, 1949, the Discrimination (Employment and Occupation) 
      Convention, 1958, the Employment Policy Convention, 1964, the Minimum Age 
      Convention, 1973, the Employment Promotion and Protection against 
      Unemployment Convention, 1988, and the provisions relating to recruitment 
      and placement in the Migration for Employment Convention (Revised), 1949, 
      and the Migrant Workers (Supplementary Provisions) Convention, 1975, and
      <P>Having decided upon the adoption of certain proposals with regard to 
      the revision of the Fee-Charging Employment Agencies Convention (Revised), 
      1949, which is the fourth item on the agenda of the session, and
      <P>Having determined that these proposals shall take the form of an 
      international Convention;
      <P>adopts, this nineteenth day of June of the year one thousand nine 
      hundred and ninety-seven, the following Convention, which may be cited as 
      the Private Employment Agencies Convention, 1997:
      <P>
      <P>
      <P>Article 1
      <P>
      <P>1. For the purpose of this Convention the term <I>private employment 
      agency </I>means any natural or legal person, independent of the public 
      authorities, which provides one or more of the following labour market 
      services:
      <P>
      <P>(a) services for matching offers of and applications for employment, 
      without the private employment agency becoming a party to the employment 
      relationships which may arise therefrom;
      <P>
      <P>(b) services consisting of employing workers with a view to making them 
      available to a third party, who may be a natural or legal person (referred 
      to below as a "user enterprise") which assigns their tasks and supervises 
      the execution of these tasks;
      <P>
      <P>(c) other services relating to jobseeking, determined by the competent 
      authority after consulting the most representative employers and workers 
      organizations, such as the provision of information, that do not set out 
      to match specific offers of and applications for employment.
      <P>
      <P>2. For the purpose of this Convention, the term "workers" includes 
      jobseekers. 
      <P>3. For the purpose of this Convention, the term <I>processing of 
      personal data of workers </I>means the collection, storage, combination, 
      communication or any other use of information related to an identified or 
      identifiable worker.
      <P>Article 2
      <P>
      <P>1. This Convention applies to all private employment agencies.
      <P>
      <P>2. This Convention applies to all categories of workers and all 
      branches of economic activity. It does not apply to the recruitment and 
      placement of seafarers.
      <P>
      <P>3. One purpose of this Convention is to allow the operation of private 
      employment agencies as well as the protection of the workers using their 
      services, within the framework of its provisions.
      <P>
      <P>4. After consulting the most representative organizations of employers 
      and workers concerned, a Member may:
      <P>
      <P>(a) prohibit, under specific circumstances, private employment agencies 
      from operating in respect of certain categories of workers or branches of 
      economic activity in the provision of one or more of the services referred 
      to in Article 1, paragraph 1;
      <P>
      <P>(b) exclude, under specific circumstances, workers in certain branches 
      of economic activity, or parts thereof, from the scope of the Convention 
      or from certain of its provisions, provided that adequate protection is 
      otherwise assured for the workers concerned.
      <P>
      <P>5. A Member which ratifies this Convention shall specify, in its 
      reports under article 22 of the Constitution of the International Labour 
      Organization, any prohibition or exclusion of which it avails itself under 
      paragraph 4 above, and give the reasons therefor.
      <P>Article 3
      <P>
      <P>1. The legal status of private employment agencies shall be determined 
      in accordance with national law and practice, and after consulting the 
      most representative organizations of employers and workers.
      <P>
      <P>2. A Member shall determine the conditions governing the operation of 
      private employment agencies in accordance with a system of licensing or 
      certification, except where they are otherwise regulated or determined by 
      appropriate national law and practice.
      <P>Article 4
      <P>
      <P>Measures shall be taken to ensure that the workers recruited by private 
      employment agencies providing the services referred to in Article 1 are 
      not denied the right to freedom of association and the right to bargain 
      collectively.
      <P>Article 5
      <P>
      <P>1. In order to promote equality of opportunity and treatment in access 
      to employment and to particular occupations, a Member shall ensure that 
      private employment agencies treat workers without discrimination on the 
      basis of race, colour, sex, religion, political opinion, national 
      extraction, social origin, or any other form of discrimination covered by 
      national law and practice, such as age or disability.
      <P>
      <P>2. Paragraph 1 of this Article shall not be implemented in such a way 
      as to prevent private employment agencies from providing special services 
      or targeted programmes designed to assist the most disadvantaged workers 
      in their jobseeking activities.
      <P>Article 6
      <P>
      <P>The processing of personal data of workers by private employment 
      agencies shall be:
      <P>
      <P>(a) done in a manner that protects this data and ensures respect for 
      workers privacy in accordance with national law and practice;
      <P>
      <P>(b) limited to matters related to the qualifications and professional 
      experience of the workers concerned and any other directly relevant 
      information.
      <P>Article 7
      <P>
      <P>1. Private employment agencies shall not charge directly or indirectly, 
      in whole or in part, any fees or costs to workers.
      <P>
      <P>2. In the interest of the workers concerned, and after consulting the 
      most representative organizations of employers and workers, the competent 
      authority may authorize exceptions to the provisions of paragraph 1 above 
      in respect of certain categories of workers, as well as specified types of 
      services provided by private employment agencies.
      <P>
      <P>3. A Member which has authorized exceptions under paragraph 2 above 
      shall, in its reports under article 22 of the Constitution of the 
      International Labour Organization, provide information on such exceptions 
      and give the reasons therefor.
      <P>Article 8
      <P>
      <P>1. A Member shall, after consulting the most representative 
      organizations of employers and workers, adopt all necessary and 
      appropriate measures, both within its jurisdiction and, where appropriate, 
      in collaboration with other Members, to provide adequate protection for 
      and prevent abuses of migrant workers recruited or placed in its territory 
      by private employment agencies. These shall include laws or regulations 
      which provide for penalties, including prohibition of those private 
      employment agencies which engage in fraudulent practices and abuses.
      <P>
      <P>2. Where workers are recruited in one country for work in another, the 
      Members concerned shall consider concluding bilateral agreements to 
      prevent abuses and fraudulent practices in recruitment, placement and 
      employment.
      <P>Article 9
      <P>
      <P>A Member shall take measures to ensure that child labour is not used or 
      supplied by private employment agencies.
      <P>Article 10
      <P>
      <P>The competent authority shall ensure that adequate machinery and 
      procedures, involving as appropriate the most representative employers and 
      workers organizations, exist for the investigation of complaints, alleged 
      abuses and fraudulent practices concerning the activities of private 
      employment agencies. 
      <P>Article 11
      <P>
      <P>A Member shall, in accordance with national law and practice, take the 
      necessary measures to ensure adequate protection for the workers employed 
      by private employment agencies as described in Article 1, paragraph 1(b) 
      above, in relation to:
      <P>
      <P>(a) freedom of association;
      <P>
      <P>(b) collective bargaining;
      <P>
      <P>(c) minimum wages;
      <P>
      <P>(d) working time and other working conditions;
      <P>
      <P>(e) statutory social security benefits;
      <P>
      <P>(f) access to training;
      <P>
      <P>(g) occupational safety and health;
      <P>
      <P>(h) compensation in case of occupational accidents or diseases;
      <P>
      <P>(i) compensation in case of insolvency and protection of workers 
claims;
      <P>
      <P>(j) maternity protection and benefits, and parental protection and 
      benefits.
      <P>Article 12
      <P>
      <P>A Member shall determine and allocate, in accordance with national law 
      and practice, the respective responsibilities of private employment 
      agencies providing the services referred to in paragraph 1(b) of Article 1 
      and of user enterprises in relation to:
      <P>
      <P>(a) collective bargaining;
      <P>
      <P>(b) minimum wages;
      <P>
      <P>(c) working time and other working conditions;
      <P>
      <P>(d) statutory social security benefits;
      <P>
      <P>(e) access to training;
      <P>
      <P>(f) protection in the field of occupational safety and health;
      <P>
      <P>(g) compensation in case of occupational accidents or diseases;
      <P>
      <P>(h) compensation in case of insolvency and protection of workers 
claims;
      <P>
      <P>(i) maternity protection and benefits, and parental protection and 
      benefits.
      <P>Article 13
      <P>
      <P>1. A Member shall, in accordance with national law and practice and 
      after consulting the most representative organizations of employers and 
      workers, formulate, establish and periodically review conditions to 
      promote cooperation between the public employment service and private 
      employment agencies.
      <P>
      <P>2. The conditions referred to in paragraph 1 above shall be based on 
      the principle that the public authorities retain final authority for:
      <P>
      <P>(a) formulating labour market policy;
      <P>
      <P>(b) utilizing or controlling the use of public funds earmarked for the 
      implementation of that policy.
      <P>
      <P>3. Private employment agencies shall, at intervals to be determined by 
      the competent authority, provide to that authority the information 
      required by it, with due regard to the confidential nature of such 
      information:
      <P>
      <P>(a) to allow the competent authority to be aware of the structure and 
      activities of private employment agencies in accordance with national 
      conditions and practices;
      <P>
      <P>(b) for statistical purposes.
      <P>
      <P>4. The competent authority shall compile and, at regular intervals, 
      make this information publicly available.
      <P>Article 14
      <P>
      <P>1. The provisions of this Convention shall be applied by means of laws 
      or regulations or by any other means consistent with national practice, 
      such as court decisions, arbitration awards or collective agreements.
      <P>
      <P>2. Supervision of the implementation of provisions to give effect to 
      this Convention shall be ensured by the labour inspection service or other 
      competent public authorities.
      <P>
      <P>3. Adequate remedies, including penalties where appropriate, shall be 
      provided for and effectively applied in case of violations of this 
      Convention.
      <P>Article 15
      <P>
      <P>This Convention does not affect more favourable provisions applicable 
      under other international labour Conventions to workers recruited, placed 
      or employed by private employment agencies.
      <P>Article 16
      <P>
      <P>This Convention revises the Fee-Charging Employment Agencies Convention 
      (Revised), 1949, and the Fee-Charging Employment Agencies Convention, 
1933.
      <P>Article 17
      <P>
      <P>The formal ratifications of this Convention shall be communicated to 
      the Director-General of the International Labour Office for registration.
      <P>Article 18
      <P>
      <P>1. This Convention shall be binding only upon those Members of the 
      International Labour Organization whose ratifications have been registered 
      with the Director-General of the International Labour Office.
      <P>
      <P>2. It shall come into force 12 months after the date on which the 
      ratifications of two Members have been registered with the 
      Director-General.
      <P>
      <P>3. Thereafter, this Convention shall come into force for any Member 12 
      months after the date on which its ratification has been registered.
      <P>Article 19
      <P>
      <P>1. A Member which has ratified this Convention may denounce it after 
      the expiration of ten years from the date on which the Convention first 
      comes into force, by an act communicated to the Director-General of the 
      International Labour Office for registration. Such denunciation shall not 
      take effect until one year after the date on which it is registered.
      <P>
      <P>2. Each Member which has ratified this Convention and which does not, 
      within the year following the expiration of the period of ten years 
      mentioned in the preceding paragraph, exercise the right of denunciation 
      provided for in this Article will be bound for another period of ten years 
      and, thereafter, may denounce this Convention at the expiration of each 
      period of ten years under the terms provided for in this Article.
      <P>Article 20
      <P>
      <P>1. The Director-General of the International Labour Office shall notify 
      all Members of the International Labour Organization of the registration 
      of all ratifications and acts of denunciation communicated by the Members 
      of the Organization.
      <P>
      <P>2. When notifying the Members of the Organization of the registration 
      of the second ratification, the Director-General shall draw the attention 
      of the Members of the Organization to the date upon which the Convention 
      shall come into force.
      <P>Article 21
      <P>
      <P>The Director-General of the International Labour Office shall 
      communicate to the Secretary-General of the United Nations, for 
      registration in accordance with article 102 of the Charter of the United 
      Nations, full particulars of all ratifications and acts of denunciation 
      registered by the Director-General in accordance with the provisions of 
      the preceding Articles.
      <P>Article 22
      <P>
      <P>At such times as it may consider necessary, the Governing Body of the 
      International Labour Office shall present to the General Conference a 
      report on the working of this Convention and shall examine the 
      desirability of placing on the agenda of the Conference the question of 
      its revision in whole or in part.
      <P>Article 23
      <P>
      <P>1. Should the Conference adopt a new Convention revising this 
      Convention in whole or in part, then, unless the new Convention otherwise 
      provides -
      <P>
      <P>(a) the ratification by a Member of the new revising Convention shall 
      ipso jure involve the immediate denunciation of this Convention, 
      notwithstanding the provisions of Article 19 above, if and when the new 
      revising Convention shall have come into force;
      <P>
      <P>(b) as from the date when the new revising Convention comes into force, 
      this Convention shall cease to be open to ratification by the Members.
      <P>
      <P>2. This Convention shall in any case remain in force in its actual form 
      and content for those Members which have ratified it but have not ratified 
      the revising Convention.
      <P>Article 24
      <P>
      <P>The English and French versions of the text of this Convention are 
      equally authoritative.
      <P></FONT></TD></TR></TBODY></TABLE>
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