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- Firstly, it extends the scope of the previous Convention No. 96 to include, in addition to
intermediaries in placement, other emerging private agencies such as labour skill providers
and suppliers of direct employment support services to respond to the new realities of the
flexible modern labour market (Article1).
- Secondly, it recognizes the fact that private employment agencies can contribute to the
functioning of the labour market (Preamble).
- Thirdly, it sets general parameters for the regulation, placement and employment of
workers engaged by private employment agencies (Articles 2 to12). It provides, in
particular, that national measures should be taken to ensure: (a) adequate protection for
job seekers using the services of private employment agencies; (b) adequate protection of
workers engaged by temporary work agencies; (c) adequate allocation of responsibilities
between private employment agencies and user enterprises in relation to protection of
workers engaged by temporary work agencies; and (d) that adequate machinery and
procedures exist for the investigation of complaints, alleged abuses and fraudulent
practices concerning the activities of private employment agencies .
- Fourthly, it promotes the cooperation between the public employment services and
private employment agencies for the best functioning of labour market while the public
authorities retain final authority for formulating labour market policy and utilizing or
controlling the use of public funds earmarked for the implementation of that policy
(Article 13).
The ILO Convention on Private Employment Agencies (No.181) is a flexible but ambitious
instrument as it provides Member States with the necessary freedom to apply the Convention in
their own national contexts and, therefore, responds to a variety of regional situations. Moreover,
in formulating policy to address temporary workers, the ILO would urge his constituents to find
ways which involve balancing the interests of workers' equity and the employers' need for
flexibility in hiring.
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