C181 Private Employment Agencies Convention,
1997
Convention concerning Private Employment Agencies (Note:
Date of coming into force: 10:05:2000)
Convention:C181
Place:Geneva
Session of the Conference:85
Date of adoption:19:06:1997
Subject classification: Employment Services - Job Placement
Subject: Employment policy and Promotion
See the
ratifications for this Convention
Display the document in: French
Spanish
Status: Up-to-date instrument This Convention was adopted after 1985 and
is considered up to date.
The General Conference of the International Labour Organization,
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
Noting the provisions of the Fee-Charging Employment Agencies
Convention (Revised), 1949, and
Being aware of the importance of flexibility in the functioning of
labour markets, and
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
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
Recognizing the role which private employment agencies may play in a
well-functioning labour market, and
Recalling the need to protect workers against abuses, and
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
Noting the provisions of the Employment Service Convention, 1948, and
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
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
Having determined that these proposals shall take the form of an
international Convention;
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:
Article 1
1. For the purpose of this Convention the term private
employment agency means any natural or legal person, independent
of the public authorities, which provides one or more of the following
labour market services:
(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;
(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;
(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.
2. For the purpose of this Convention, the term workers
includes jobseekers.
3. For the purpose of this Convention, the term processing of
personal data of workers means the collection, storage,
combination, communication or any other use of information related to an
identified or identifiable worker.
Article 2
1. This Convention applies to all private employment agencies.
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.
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.
4. After consulting the most representative organizations of
employers and workers concerned, a Member may:
(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;
(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.
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.
Article 3
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.
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.
Article 4
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.
Article 5
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.
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.
Article 6
The processing of personal data of workers by private employment
agencies shall be:
(a) done in a manner that protects this data and ensures respect for
workers privacy in accordance with national law and practice;
(b) limited to matters related to the qualifications and professional
experience of the workers concerned and any other directly relevant
information.
Article 7
1. Private employment agencies shall not charge directly or
indirectly, in whole or in part, any fees or costs to workers.
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.
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.
Article 8
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.
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.
Article 9
A Member shall take measures to ensure that child labour is not used
or supplied by private employment agencies.
Article 10
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.
Article 11
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:
(a) freedom of association;
(b) collective bargaining;
(c) minimum wages;
(d) working time and other working conditions;
(e) statutory social security benefits;
(f) access to training;
(g) occupational safety and health;
(h) compensation in case of occupational accidents or diseases;
(i) compensation in case of insolvency and protection of workers
claims;
(j) maternity protection and benefits, and parental protection and
benefits.
Article 12
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:
(a) collective bargaining;
(b) minimum wages;
(c) working time and other working conditions;
(d) statutory social security benefits;
(e) access to training;
(f) protection in the field of occupational safety and health;
(g) compensation in case of occupational accidents or diseases;
(h) compensation in case of insolvency and protection of workers
claims;
(i) maternity protection and benefits, and parental protection and
benefits.
Article 13
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.
2. The conditions referred to in paragraph 1 above shall be based on
the principle that the public authorities retain final authority for:
(a) formulating labour market policy;
(b) utilizing or controlling the use of public funds earmarked for
the implementation of that policy.
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:
(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;
(b) for statistical purposes.
4. The competent authority shall compile and, at regular intervals,
make this information publicly available.
Article 14
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.
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.
3. Adequate remedies, including penalties where appropriate, shall be
provided for and effectively applied in case of violations of this
Convention.
Article 15
This Convention does not affect more favourable provisions applicable
under other international labour Conventions to workers recruited,
placed or employed by private employment agencies.
Article 16
This Convention revises the Fee-Charging Employment Agencies
Convention (Revised), 1949, and the Fee-Charging Employment Agencies
Convention, 1933.
Article 17
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for
registration.
Article 18
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.
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.
3. Thereafter, this Convention shall come into force for any Member
12 months after the date on which its ratification has been registered.
Article 19
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.
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.
Article 20
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.
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.
Article 21
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.
Article 22
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.
Article 23
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention
otherwise provides -
(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;
(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.
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.
Article 24
The English and French versions of the text of this Convention are
equally authoritative.
Cross references
Conventions:
C029 Forced Labour Convention, 1930
Conventions:
C034 Fee-Charging Employment Agencies Convention, 1933
Conventions:
C087 Freedom of Association and Protection of the Right to Organise
Convention, 1948
Conventions:
C088 Employment Service Convention, 1948
Conventions:
C096 Fee-Charging Employment Agencies Convention Revised), 1949
Conventions:
C097 Migration for Employment Convention Revised), 1949
Conventions:
C098 Right to Organise and Collective Bargaining Convention, 1949
Conventions:
C111 Discrimination (Employment and Occupation) Convention, 1958
Conventions:
C122 Employment Policy Convention, 1964
Conventions:
C138 Minimum Age Convention, 1973
Conventions:
C143 Migrant Workers (Supplementary Provisions) Convention, 1975
Conventions:
C168 Employment Promotion and Protection against Unemployment
Convention, 1988
Revised: C034
This Convention revises the Fee-Charging Employment Agencies
Convention, 1933
Revised: C096
This Convention revises the Fee-Charging Employment Agencies
Convention (Revised),1949
Supplemented:
R188 Complemented by the Private Employment Agencies Recommendation,
1997
Constitution:
22:article 22 of the Constitution of the International Labour
Organisation
Member
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