For the purpose of ILO Convention No. 181 (1997) 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: services for matching offers of and applications for employment, without the private employment agency becoming a party to the employment relationships which may arise there from; 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") that assigns their tasks and supervises the execution of these tasks; other services relating to job-seeking, 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. This Convention applies to all private employment agencies and to all categories of workers and all branches of economic activity. It does not apply to the recruitment and placement of seafarers. One purpose of this Convention is to allow the operation of private employment agencies, as well as the protection of the workers using their services, within the framework of its provisions. After consulting the most representative organizations of employers and workers concerned, an ILO Member State may: (1) 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; (2) 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. The legal status of private employment agencies shall be determined in accordance with national law and practice, and after consulting the most representative organizations of employers and workers. A Member State shall determine the conditions governing the operation of private employment agencies in accordance with a system of licensing or certification, except where they are otherwise regulated or determined by appropriate national law and practice. Measures shall be taken to ensure that the workers recruited by private employment agencies providing the services referred to in Article 1 are not denied the right to freedom of association and the right to bargain collectively. In order to promote equality of opportunity and treatment in access to employment and to particular occupations, a Member State shall ensure that private employment agencies treat workers without discrimination on the basis of race, color, sex, religion, political opinion, national extraction, social origin, or any other form of discrimination covered by national law and practice, such as age or disability. The processing of personal data of workers by private employment agencies shall be: (1) done in a manner that protects these data and ensures respect for workers privacy in accordance with national law and practice; (2) Limited to matters related to the qualifications and professional experience of the workers concerned, and any other directly relevant information. Private employment agencies shall not charge directly or indirectly, in whole or in part, any fees or costs to workers. In the interest of the workers concerned, the competent authority may authorize exceptions, as well as specified types of services provided by private employment agencies. A Member State shall adopt all necessary and appropriate measures both within its jurisdiction and, where appropriate, in collaboration with other Member States, to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies. These shall include laws or regulations that provide for penalties, including prohibition of those private employment agencies that engage in fraudulent practices and abuses. The competent authority at national level shall ensure that adequate machinery and procedures, involving as appropriate the most representative employers and workers organizations, exist for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies. A Member State shall take the necessary measures to ensure adequate protection for the workers employed by private employment agencies in relation to: freedom of association; collective bargaining; minimum wages; working time and other working conditions; statutory social security. Benefits; access to training; occupational safety and health; compensation in case of occupational accidents or diseases; compensation in case of insolvency and protection of workers claims; and maternity protection and benefits, and parental protection and benefits. A Member State shall determine and allocate the respective responsibilities of private employment agencies providing the services and of user enterprises in relation to: collective bargaining; minimum wages; working time and other working conditions; statutory social security benefits; access to training; protection in the field of occupational safety and health; compensation in case of occupational accidents or diseases; compensation in case of insolvency and protection of workers claims; and maternity protection and benefits, and parental protection and benefits. 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: (1) To allow the competent authority to be aware of the structure and activities of private employment agencies in accordance with national conditions and practices; (2) For statistical purposes. The competent authority shall compile and, at regular intervals, make this information publicly available. See: Employment services