CAB129-45 — Page 478

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Government consider that these are matters in which flexibility is essential and which are appropriate for settlement between employers and workers in relation to the circumstances existing in particular cases. Subject to reserva- tions on these points His Majesty's Government propose to accept the Recommendation.

Convention (No. 96) Concerning Fee-Charging Employment Agencies

3. The Convention is designed to prevent abuses which may arise from the engagement of workers through the medium of fee-charging employment agencies. States members who ratify the Convention may do so on one of two alternative bases. On the one hand, the Convention provides for the abolition of fee-charging employment agencies conducted for profit within a limited time to be determined by the competent authority of the country concerned. It is laid down that abolition shall not take place until a public employment service is established. During the period preceding abolition, ratifying countries are required to subject such agencies to the supervision of the competent authority. Exemption from abolition may be allowed in exceptional cases where appropriate placing services cannot conveniently be made available within the framework of the public employment service. This part of the Convention further provides for supervision of the operation of fee-charging employment agencies not conducted for profit.

4. As an alternative to the abolition of fee-charging employment agencies conducted for profit another part of the Convention provides for supervision and control of such agencies. The measures laid down in the Convention are as follows:

(1) Agencies are to be in possession of a yearly licence, renewable at the

discretion of the competent authority.

(2) Fees and expenses are not to be in excess of a scale submitted to and approved by the competent authority or fixed by the competent authority.

(3) The placing or recruiting of workers abroad is only to be carried on

if the competent authority permits..

This part of the Convention also provides for the supervision of fee-charging employment agencies not conducted for profit.

5. His Majesty's Government have given very careful consideration to the terms of this Convention, and they have come to the conclusion that it would be in the public interest to provide for such a measure of super- vision and control over the activities of fee-charging employment agencies as would enable them to ratify the Convention on the alternative basis described in paragraph 4 above. They propose therefore to introduce the necessary legislation in due course.

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