Private Employment Agencies: ILO Convention No. 181

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1 Private Employment Agencies: ILO Convention No 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. 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.

2 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

3 C 181 Private Employment Agencies Convention, 1997 Defines and applies to Private employment agencies. Key provisions include: 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) 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)

4 C181: Does it help? Ciett Study : Assessment of Lower levels of informal and undeclared work benefits linked to the ratification of High correlation with democracy the C181 More cooperation between public and private employment services; Workers enjoy more protection in Greater protection For freedom of association; countries that have ratified ILO Convention No. 181 on private Meaningful and constructive social dialogue in employment agencies. the temporary agency work sector; Better protection of agency workers by forbidding fee---charging; Better wages for agency workers.

5 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.

6 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.

7 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.