(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.