C088 - Employment Service Convention, 1948 (No. 88)
Convention
concerning the Organisation of the Employment Service (Entry into force: 10 Aug
1950)
Adoption: San Francisco, 31st ILC session (09 Jul 1948)
Preamble
The
General Conference of the International Labour Organisation,
Having
been convened at San Francisco by the Governing Body of the International
Labour Office, and having met in its Thirty-first Session on 17 June 1948, and
Having
decided upon the adoption of certain proposals concerning the organisation of
the employment service, which is included in the fourth item on the agenda of
the session, and
Having
determined that these proposals shall take the form of an international
Convention,
adopts
this ninth day of July of the year one thousand nine hundred and forty-eight
the following Convention, which may be cited as the Employment Service
Convention, 1948:
Article
1
- 1. Each Member of the
International Labour Organisation for which this Convention is in force
shall maintain or ensure the maintenance of a free public employment service.
- 2. The essential duty of the
employment service shall be to ensure, in co-operation where necessary
with other public and private bodies concerned, the best possible
organisation of the employment market as an integral part of the national
programme for the achievement and maintenance of full employment and the
development and use of productive resources.
Article
2
The
employment service shall consist of a national system of employment offices
under the direction of a national authority.
Article
3
- 1. The system shall comprise a
network of local and, where appropriate, regional offices, sufficient in
number to serve each geographical area of the country and conveniently
located for employers and workers.
- 2. The organisation of the
network shall:
- (a) be reviewed--
- (i) whenever significant
changes occur in the distribution of economic activity and of the
working population, and
- (ii) whenever the competent
authority considers a review desirable to assess the experience gained
during a period of experimental operation; and
- (b) be revised whenever such
review shows revision to be necessary.
Article
4
- 1. Suitable arrangements shall
be made through advisory committees for the co-operation of
representatives of employers and workers in the organisation and operation
of the employment service and in the development of employment service
policy.
- 2. These arrangements shall
provide for one or more national advisory committees and where necessary
for regional and local committees.
- 3. The representatives of
employers and workers on these committees shall be appointed in equal
numbers after consultation with representative organisations of employers
and workers, where such organisations exist.
Article
5
The
general policy of the employment service in regard to referral of workers to
available employment shall be developed after consultation of representatives
of employers and workers through the advisory committees provided for in
Article 4.
Article
6
The
employment service shall be so organised as to ensure effective recruitment and
placement, and for this purpose shall:
- (a) assist workers to find
suitable employment and assist employers to find suitable workers, and
more particularly shall, in accordance with rules framed on a national
basis--
- (i) register applicants for
employment, take note of their occupational qualifications, experience
and desires, interview them for employment, evaluate if necessary their
physical and vocational capacity, and assist them where appropriate to
obtain vocational guidance or vocational training or retraining,
- (ii) obtain from employers
precise information on vacancies notified by them to the service and the
requirements to be met by the workers whom they are seeking,
- (iii) refer to available
employment applicants with suitable skills and physical capacity,
- (iv) refer applicants and
vacancies from one employment office to another, in cases in which the
applicants cannot be suitably placed or the vacancies suitably filled by
the original office or in which other circumstances warrant such action;
- (b) take appropriate measures
to--
- (i) facilitate occupational
mobility with a view to adjusting the supply of labour to employment
opportunities in the various occupations,
- (ii) facilitate geographical
mobility with a view to assisting the movement of workers to areas with
suitable employment opportunities,
- (iii) facilitate temporary
transfers of workers from one area to another as a means of meeting
temporary local maladjustments in the supply of or the demand for
workers,
- (iv) facilitate any movement
of workers from one country to another which may have been approved by
the governments concerned;
- (c) collect and analyse, in
co-operation where appropriate with other authorities and with management
and trade unions, the fullest available information on the situation of
the employment market and its probable evolution, both in the country as a
whole and in the different industries, occupations and areas, and make
such information available systematically and promptly to the public
authorities, the employers' and workers' organisations concerned, and the
general public;
- (d) co-operate in the
administration of unemployment insurance and assistance and of other
measures for the relief of the unemployed; and
- (e) assist, as necessary, other
public and private bodies in social and economic planning calculated to
ensure a favourable employment situation.
Article
7
Measures
shall be taken:
- (a) to facilitate within the
various employment offices specialisation by occupations and by
industries, such as agriculture and any other branch of activity in which
such specialisation may be useful; and
- (b) to meet adequately the
needs of particular categories of applicants for employment, such as
disabled persons.
Article
8
Special
arrangements for juveniles shall be initiated and developed within the
framework of the employment and vocational guidance services.
Article
9
- 1. The staff of the employment
service shall be composed of public officials whose status and conditions
of service are such that they are independent of changes of government and
of improper external influences and, subject to the needs of the service,
are assured of stability of employment.
- 2. Subject to any conditions
for recruitment to the public service which may be prescribed by national
laws or regulations, the staff of the employment service shall be
recruited with sole regard to their qualifications for the performance of
their duties.
- 3. The means of ascertaining
such qualifications shall be determined by the competent authority.
- 4. The staff of the employment
service shall be adequately trained for the performance of their duties.
Article
10
The
employment service and other public authorities where appropriate shall, in
co-operation with employers' and workers' organisations and other interested
bodies, take all possible measures to encourage full use of employment service
facilities by employers and workers on a voluntary basis.
Article
11
The
competent authorities shall take the necessary measures to secure effective
co-operation between the public employment service and private employment
agencies not conducted with a view to profit.
Article
12
- 1. In the case of a Member the
territory of which includes large areas where, by reason of the sparseness
of the population or the stage of development of the area, the competent
authority considers it impracticable to enforce the provisions of this
Convention, the authority may exempt such areas from the application of
this Convention either generally or with such exceptions in respect of
particular undertakings or occupations as it thinks fit.
- 2. Each Member shall indicate
in its first annual report upon the application of this Convention
submitted under Article 22 of the Constitution of the International Labour
Organisation any areas in respect of which it proposes to have recourse to
the provisions of the present Article and shall give the reasons for which
it proposes to have recourse thereto; no Member shall, after the date of
its first annual report, have recourse to the provisions of the present Article
except in respect of areas so indicated.
- 3. Each Member having recourse
to the provisions of the present Article shall indicate in subsequent
annual reports any areas in respect of which it renounces the right to
have recourse to the provisions of the present Article.
Article
13
- 1. In respect of the
territories referred to in Article 35 of the Constitution of the
International Labour Organisation as amended by the Constitution of the
International Labour Organisation Instrument of Amendment 1946, other than
the territories referred to in paragraphs 4 and 5 of the said Article as
so amended, each Member of the Organisation which ratifies this Convention
shall communicate to the Director-General of the International Labour
Office as soon as possible after ratification a declaration stating:
- (a) the territories in respect
of which it undertakes that the provisions of the Convention shall be
applied without modification;
- (b) the territories in respect
of which it undertakes that the provisions of the Convention shall be
applied subject to modifications, together with details of the said
modifications;
- (c) the territories in respect
of which the Convention is inapplicable and in such cases the grounds on
which it is inapplicable;
- (d) the territories in respect
of which it reserves its decision.
- 2. The undertakings referred to
in subparagraphs (a) and (b) of paragraph 1 of this Article shall be
deemed to be an integral part of the ratification and shall have the force
of ratification.
- 3. Any Member may at any time
by a subsequent declaration cancel in whole or in part any reservations
made in its original declaration in virtue of subparagraphs (b), (c) or
(d) of paragraph 1 of this Article.
- 4. Any Member may, at any time
at which the Convention is subject to denunciation in accordance with the
provisions of Article 16, communicate to the Director-General a
declaration modifying in any other respect the terms of any former
declaration and stating the present position in respect of such
territories as it may specify.
Article
14
- 1. Where the subject matter of
this Convention is within the self-governing powers of any
non-metropolitan territory, the Member responsible for the international
relations of that territory may, in agreement with the government of the
territory, communicate to the Director-General of the International Labour
Office a declaration accepting on behalf of the territory the obligations
of this Convention.
- 2. A declaration accepting the
obligations of this Convention may be communicated to the Director-General
of the International Labour Office:
- (a) by two or more Members of
the Organisation in respect of any territory which is under their joint
authority; or
- (b) by any international
authority responsible for the administration of any territory, in virtue
of the Charter of the United Nations or otherwise, in respect of any such
territory.
- 3. Declarations communicated to
the Director-General of the International Labour Office in accordance with
the preceding paragraphs of this Article shall indicate whether the
provisions of the Convention will be applied in the territory concerned
without modification or subject to modifications; when the declaration
indicates that the provisions of the Convention will be applied subject to
modifications, it shall give details of the said modifications.
- 4. The Member, Members or
international authority concerned may at any time by a subsequent
declaration renounce in whole or in part the right to have recourse to any
modification indicated in any former declaration.
- 5. The Member, Members or
international authority concerned may, at any time at which this
Convention is subject to denunciation in accordance with the provisions of
Article 17, communicate to the Director-General a declaration modifying in
any other respect the terms of any former declaration and stating the
present position in respect of the application of the Convention.
Article
15
The
formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article
16
- 1. This Convention shall be
binding only upon those Members of the International Labour Organisation
whose ratifications have been registered with the Director-General.
- 2. It shall come into force
twelve months after the date on which the ratifications of two Members
have been registered with the Director-General.
- 3. Thereafter, this Convention
shall come into force for any Member twelve months after the date on which
its ratifications has been registered.
Article
17
- 1. A Member which has ratified
this Convention may denounce it after the expiration of ten years from the
date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office
for registration. Such denunciation shall not take effect until one year
after the date on which it is registered.
- 2. Each Member which has
ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding paragraph,
exercise the right of denunciation provided for in this Article, will be
bound for another period of ten years and, thereafter, may denounce this
Convention at the expiration of each period of ten years under the terms
provided for in this Article.
Article
18
- 1. The Director-General of the
International Labour Office shall notify all Members of the International
Labour Organisation of the registration of all ratifications, declarations
and denunciations communicated to him by the Members of the Organisation.
- 2. When notifying the Members
of the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will come
into force.
Article
19
The
Director-General of the International Labour Office shall communicate to the
Secretary-General of the United Nations for registration in accordance with
Article 102 of the Charter of the United Nations full particulars of all ratifications,
declarations and acts of denunciation registered by him in accordance with the
provisions of the preceding Articles.
Article
20
At
such times as it may consider necessary the Governing Body of the International
Labour Office shall present to the General Conference a report on the working
of this Convention and shall examine the desirability of placing on the agenda
of the Conference the question of its revision in whole or in part.
Article
21
- 1. Should the Conference adopt
a new Convention revising this Convention in whole or in part, then,
unless the new Convention otherwise provides:
- (a) the ratification by a
Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions
of Article 17 above, if and when the new revising Convention shall have
come into force;
- (b) as from the date when the
new revising Convention comes into force this Convention shall cease to
be open to ratification by the Members.
- 2. This Convention shall in any
case remain in force in its actual form and content for those Members
which have ratified it but have not ratified the revising Convention.
Article
22
The
English and French versions of the text of this Convention are equally
authoritative.
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