Private Employment Agencies: ILO Convention No. 181

Adoption of ILO Convention No. 181: Private

Employment Agencies Convention, 1997

• PrEA are now more positively recognized, with

C181 setting general parameters for regulation,

placement and employment of workers by

these agencies.

• ILO seeks to assist its member States to

establish clear policies, legislation and

implementing mechanisms for the effective

registration and licensing of PrEA, thereby

helping them play a constructive role in

contributing to a labour market free from

exploitative practices.

• Increasing need to provide services to

a rapidly growing and flexible labour

market –has led to spectacular growth

of private employment agencies

(PrEA).

• PrEA who have long complemented

the traditional employment market are

now considered as a catalyst for

new forms of human resource

management services and can be

contributors to better working

conditions.

www.ilo.org

Guide to Private Employment Agencies

Regulation, Monitoring and Enforcement

• Legal requirements for establishing and operating

PrEA

• Government regulatory responsibilities

• Mechanisms of self regulation (Associations of

PrEA, codes of Practice)

• Relationship between Private employment agencies

and Public employment service

C 181 Private Employment Agencies Convention, 1997

• Legal status determined by law and system of

licensing and certification (art. 3)

• Promotion of cooperation between Public and

Private Employment Agencies (art. 13)

• Freedom of Association and Collective

Bargaining (art, 4)

• Right to equality of opportunity and treatment

in access to employment (art. 5)

• Protection of workers’ personal data (art. 6)

• No directly or indirectly charge of any fees or

costs to workers (art. 7) (exceptions possible)

Defines and applies to Private employment agencies. Key provisions include:

• Adequate protection of migrant workers (art. 8)

• Abolition of Child labour (art.9)

• Adequate procedures for investigation of

complaints, abuses and fraudulent practices (art.

10)

• Responsibilities of private employment agencies

(art 10 and 11)

• Application of law through court, arbitration,

collective agreements (art, 14)

• Convention does not affect more favourable

provisions (art, 15)

C181: Does it help?

• Ciett Study : Assessment of

benefits linked to the ratification of

the C181

• Workers enjoy more protection in

countries that have ratified ILO

Convention No. 181 on private

employment agencies.

• Lower levels of informal and undeclared work

• High correlation with democracy

• More cooperation between public and private

employment services;

• Greater protection For freedom of association;

• Meaningful and constructive social dialogue in

the temporary agency work sector;

• Better protection of agency workers by

forbidding fee---charging;

• Better wages for agency workers.

Fair Recruitment Initiative

- Help prevent human trafficking and forced labour

- Protect the rights of workers, including migrant workers, from abusive

and fraudulent practices during the recruitment and placement process

(including pre-selection, selection, transportation, placement and safe

return).

- Reduce the cost of labour migration and enhance development

outcomes for migrant workers and their families, as well as for

countries of origin and destination

This multi-stakeholder initiative is implemented in close collaboration with

governments, representative employers’ and workers’ organizations, the

private sector and other key partners. It is based on a four-pronged

approach, which puts social dialogue at the centre.

OUR Approach

1. Enhancing global knowledge on national and international recruitment practices

2. Improving laws, policies and enforcement to promote fair recruitment.

� The Fair Recruitment Initiative will develop practical guidance on fair recruitment derived from internationally recognized human rights and labour standards.

3. The Fair Recruitment initiative will convene global and regional stakeholder consultations, led by the social partners (e.g. IOE, ITUC), to map existing tools that include detailed guidance on fair recruitment, especially cross-border recruitment.

OUR Approach

4. The Fair Recruitment Initiative will support the compilation

and promotion of good practice examples of social dialogue mechanisms that have effectively addressed unfair recruitment practices. This includes:

� Mature industrial relations systems

� Early warning information sharing and consultations in reference to action at national, regional and global level

� Creation of complaint and remedy mechanisms at national level.