diff --git a/verdrag/verdrag-betreffende-particuliere-bureaus-voor-arbeidsbemiddeling/BWBV0001411/README.md b/verdrag/verdrag-betreffende-particuliere-bureaus-voor-arbeidsbemiddeling/BWBV0001411/README.md index 41e5147942b..18ea74d091d 100644 --- a/verdrag/verdrag-betreffende-particuliere-bureaus-voor-arbeidsbemiddeling/BWBV0001411/README.md +++ b/verdrag/verdrag-betreffende-particuliere-bureaus-voor-arbeidsbemiddeling/BWBV0001411/README.md @@ -16,12 +16,9 @@ citeertitel: Verdrag betreffende particuliere bureaus voor arbeidsbemiddeling For the purpose of this Convention the term “private employment agency" means any natural or legal person, independent of the public authorities, which provides one or more of the following labour market services: -a) a) - services for matching offers of and applications for employment, without the private employment agency becoming a party to the employment relationships which may arise therefrom; -b) 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) 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. +a) services for matching offers of and applications for employment, without the private employment agency becoming a party to the employment relationships which may arise therefrom; +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. @@ -39,10 +36,8 @@ c) c) After consulting the most representative organizations of employers and workers concerned, a Member may: -a) 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) 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. +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. @@ -66,11 +61,9 @@ Measures shall be taken to ensure that the workers recruited by private employme The processing of personal data of workers by private employment agencies shall be: -a) a) - done in a manner that protects this data and ensures respect for workers' privacy in accordance with national law and practice; +a) done in a manner that protects this data and ensures respect for workers' privacy in accordance with national law and practice; -b) b) - limited to matters related to the qualifications and professional experience of the workers concerned and any other directly relevant information. +b) limited to matters related to the qualifications and professional experience of the workers concerned and any other directly relevant information. ### Artikel 7 @@ -98,49 +91,30 @@ The competent authority shall ensure that adequate machinery and procedures, inv A Member shall, in accordance with national law and practice, take the necessary measures to ensure adequate protection for the workers employed by private employment agencies as described in Article 1, paragraph 1b) above, in relation to: -a) a) - freedom of association; -b) b) - collective bargaining; -c) c) - minimum wages; -d) d) - working time and other working conditions; -e) e) - statutory social security benefits; -f) f) - access to training; -g) g) - occupational safety and health; -h) h) - compensation in case of occupational accidents or diseases; -i) i) - compensation in case of insolvency and protection of workers' claims; -j) j) - maternity protection and benefits, and parental protection and benefits. +a) freedom of association; +b) collective bargaining; +c) minimum wages; +d) working time and other working conditions; +e) statutory social security benefits; +f) access to training; +g) occupational safety and health; +h) compensation in case of occupational accidents or diseases; +i) compensation in case of insolvency and protection of workers' claims; +j) maternity protection and benefits, and parental protection and benefits. ### Artikel 12 A Member shall determine and allocate, in accordance with national law and practice, the respective responsibilities of private employment agencies providing the services referred to in paragraph 1b) of Article 1 and of user enterprises in relation to: -a) a) - collective bargaining; -b) b) - minimum wages; -c) c) - working time and other working conditions; -d) d) - statutory social security benefits; -e) e) - access to training; -f) f) - protection in the field of occupational safety and health; -g) g) - compensation in case of occupational accidents or diseases; -h) h) - compensation in case of insolvency and protection of workers' claims; -i) i) - maternity protection and benefits, and parental protection and benefits. +a) collective bargaining; +b) minimum wages; +c) working time and other working conditions; +d) statutory social security benefits; +e) access to training; +f) protection in the field of occupational safety and health; +g) compensation in case of occupational accidents or diseases; +h) compensation in case of insolvency and protection of workers' claims; +i) maternity protection and benefits, and parental protection and benefits. ### Artikel 13 @@ -150,19 +124,15 @@ i) i) The conditions referred to in paragraph 1 above shall be based on the principle that the public authorities retain final authority for: -a) a) - formulating labour market policy; -b) b) - utilizing or controlling the use of public funds earmarked for the implementation of that policy. +a) formulating labour market policy; +b) utilizing or controlling the use of public funds earmarked for the implementation of that policy. **3.** Private employment agencies shall, at intervals to be determined by the competent authority, provide to that authority the information required by it, with due regard to the confidential nature of such information: -a) a) - to allow the competent authority to be aware of the structure and activities of private employment agencies in accordance with national conditions and practices; -b) b) - for statistical purposes. +a) to allow the competent authority to be aware of the structure and activities of private employment agencies in accordance with national conditions and practices; +b) for statistical purposes. **4.** The competent authority shall compile and, at regular intervals, make this information publicly available. @@ -220,10 +190,8 @@ At such times as it may consider necessary, the Governing Body of the Internatio Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides – -a) 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 19 above, if and when the new revising Convention shall have come into force; -b) 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. +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 19 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.