Convention C088 - Employment Service Convention, 1948 (No. 88)

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ILO Technical Convention c 088

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  SearchUser guideGlossary NORMLEX Information System on International Labour Standards C088 - Employment Service Convention, 1948 (No. 88) Convention concerning the Organisation of the Employment Service (Entry into force: 10 Aug1950)  Adoption: San Francisco, 31st ILC session (09 Jul 1948) - Status: Instrument with interim status (Technical Convention).Convention may be denounced: 10 Aug 2020 - 10 Aug 2021 Display in: French - Spanish - Arabic - German - Portuguese - Russian - Chinese Go to article : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 inits Thirty-first Session on 17 June 1948, andHaving decided upon the adoption of certain proposals concerning the organisation of the employment service, whichis included in the fourth item on the agenda of the session, andHaving 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 ensurethe 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 nationalprogramme for the achievement and maintenance of full employment and the development and use of productiveresources.  Article 2 The employment service shall consist of a national system of employment offices under the direction of a nationalauthority.  Article 3 1. The system shall comprise a network of local and, where appropriate, regional offices, sufficient in number to serveeach 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 aperiod 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 employersand workers in the organisation and operation of the employment service and in the development of employment servicepolicy.2. These arrangements shall provide for one or more national advisory committees and where necessary for regional andlocal committees.3. The representatives of employers and workers on these committees shall be appointed in equal numbers afterconsultation 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 developedafter 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 purposeshall:(a) assist workers to find suitable employment and assist employers to find suitable workers, and more particularlyshall, 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 themwhere 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 requirementsto 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 applicantscannot be suitably placed or the vacancies suitably filled by the srcinal office or in which other circumstanceswarrant such action;(b) take appropriate measures to--(i) facilitate occupational mobility with a view to adjusting the supply of labour to employment opportunities inthe various occupations,(ii) facilitate geographical mobility with a view to assisting the movement of workers to areas with suitableemployment opportunities,(iii) facilitate temporary transfers of workers from one area to another as a means of meeting temporary localmaladjustments 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 thegovernments concerned;(c) collect and analyse, in co-operation where appropriate with other authorities and with management and tradeunions, the fullest available information on the situation of the employment market and its probable evolution, bothin the country as a whole and in the different industries, occupations and areas, and make such information availablesystematically and promptly to the public authorities, the employers' and workers' organisations concerned, and thegeneral 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 afavourable employment situation.  Article 7  Measures shall be taken:(a) to facilitate within the various employment offices specialisation by occupations and by industries, such asagriculture 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 andvocational guidance services.  Article 9 1. The staff of the employment service shall be composed of public officials whose status and conditions of service aresuch that they are independent of changes of government and of improper external influences and, subject to the needsof 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 theirduties.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' andworkers' organisations and other interested bodies, take all possible measures to encourage full use of employmentservice 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 publicemployment 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 thepopulation or the stage of development of the area, the competent authority considers it impracticable to enforce theprovisions of this Convention, the authority may exempt such areas from the application of this Convention eithergenerally 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 Article22 of the Constitution of the International Labour Organisation any areas in respect of which it proposes to have recourseto the provisions of the present Article and shall give the reasons for which it proposes to have recourse thereto; noMember shall, after the date of its first annual report, have recourse to the provisions of the present Article except inrespect of areas so indicated.3. Each Member having recourse to the provisions of the present Article shall indicate in subsequent annual reports anyareas 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 asamended by the Constitution of the International Labour Organisation Instrument of Amendment 1946, other than theterritories 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 possibleafter ratification a declaration stating:(a) the territories in respect of which it undertakes that the provisions of the Convention shall be applied withoutmodification;(b) the territories in respect of which it undertakes that the provisions of the Convention shall be applied subject tomodifications, 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 isinapplicable;(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 anintegral 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 itssrcinal 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 formerdeclaration 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, theMember responsible for the international relations of that territory may, in agreement with the government of theterritory, communicate to the Director-General of the International Labour Office a declaration accepting on behalf of theterritory the obligations of this Convention.2. A declaration accepting the obligations of this Convention may be communicated to the Director-General of theInternational 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 theUnited Nations or otherwise, in respect of any such territory.3. Declarations communicated to the Director-General of the International Labour Office in accordance with thepreceding paragraphs of this Article shall indicate whether the provisions of the Convention will be applied in theterritory concerned without modification or subject to modifications; when the declaration indicates that the provisionsof 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 inwhole 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 todenunciation in accordance with the provisions of Article 17, communicate to the Director-General a declarationmodifying in any other respect the terms of any former declaration and stating the present position in respect of theapplication of the Convention.  Article 15  The formal ratifications of this Convention shall be communicated to the Director-General of the International LabourOffice for registration.  Article 16  1. This Convention shall be binding only upon those Members of the International Labour Organisation whoseratifications 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 registeredwith the Director-General.
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