Convention C097 - Migration for Employment Convention (Revised), 1949 (No. 97)
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https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INS...
within the meaning of paragraph (b) of this Article.
Article 3
1. Each Member for which this Annex is in force, the laws and regulations of which permit the operations of recruitment, introduction and
placing as defined in Article 2, shall regulate such of the said operations as are permitted by its laws and regulations in accordance with the
provisions of this Article.
2. Subject to the provisions of the following paragraph, the right to engage in the operations of recruitment, introduction and placing shall be
restricted to-(a) public employment offices or other public bodies of the territory in which the operations take place;
(b) public bodies of a territory other than that in which the operations take place which are authorised to operate in that territory by
agreement between the Governments concerned;
(c) any body established in accordance with the terms of an international instrument.
3. In so far as national laws and regulations or a bilateral arrangement permit, the operations of recruitment, introduction and placing may be
undertaken by-(a) the prospective employer or a person in his service acting on his behalf, subject, if necessary in the interest of the migrant, to the
approval and supervision of the competent authority;
(b) a private agency, if given prior authorisation so to do by the competent authority of the territory where the said operations are to take
place, in such cases and under such conditions as may be prescribed by-(i) the laws and regulations of that territory, or
(ii) agreement between the competent authority of the territory of emigration or any body established in accordance with the terms of
an international instrument and the competent authority of the territory of immigration.
4. The competent authority of the territory where the operations take place shall supervise the activities of bodies and persons to whom
authorisations have been issued in pursuance of paragraph 3 (b), other than any body established in accordance with the terms of an
international instrument, the position of which shall continue to be governed by the terms of the said instrument or by any agreement made
between the body and the competent authority concerned.
5. Nothing in this Article shall be deemed to permit the acceptance of a migrant for employment for admission to the territory of any Member by
any person or body other than the competent authority of the territory of immigration.
Article 4
Each Member for which this Annex is in force undertakes to ensure that the services rendered by its public employment service in connection
with the recruitment, introduction or placing of migrants for employment are rendered free.
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