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Author: adminvg59

If found to be receivable, the Governing Body refers the matter for examination.

Written by adminvg59 on . Posted in Article 24, Special procedures, The Governing Body refers to an ad hoc tripartite committee or the CFA.

If a representation is found to be receivable, the Governing Body will decide how the substance of the representation will be examined. It has several options:

  • if the representation is receivable, an ad hoc tripartite committee is established to examine its substance. The tripartite committee is normally established, to the extent possible, at the session of the Governing Body at which the representation is deemed receivable, or in the months before the next session of the Governing Body;
  • if the representation relates to a Convention dealing with freedom of association and collective bargaining the Governing Body usually refers it to the CFA for examination in accordance with the modalities set out for representations;
  • if the representation relates to matters and allegations similar to those which have been the subject of a previous representation, the Governing Body may decide to postpone the appointment of the committee to examine the new representation until the CEACR has been able to examine the follow-up to the recommendations that were adopted by the Governing Body in relation to the previous representation. Click to see an example.

The meetings of the Governing Body at which questions relating to a representation are considered are held in private.

A representation is received by the Office to be conveyed on to the Governing Body to determine receivability.

Written by adminvg59 on . Posted in Article 24, Special procedures, The representation is received and brought before the Governing Body for decision on receivability.

The Director-General acknowledges receipt of the representation to the organization which made it and informs the government against which the representation is made. The government is also informed that the Governing Body will examine the receivability of the representation at its next session, provided there are at least 45 days before the next session of the Governing Body. The Office prepares the necessary documents to put the representation to the Governing Body for a decision concerning receivability. The Governing Body shall not enter into a discussion of the substance of the representation. Article 2 of the Standing Orders provides further details.

 

Employers’ or workers’ organizations can make a representation.

Written by adminvg59 on . Posted in Article 24, Special procedures, The representation by employers’ or workers’ organizations is made.

Employers’ or workers’ organizations may make an allegation against any State, provided the State is a party to the Convention alleged to be ineffectively observed. Many ratified Conventions may be cited in one representation, provided the allegation of ineffective observance is substantiated.

According to the Standing Orders, the right to make a representation is granted without restriction to “any industrial association of employers or workers”. No conditions are laid down as regards the size or nationality of that organization. It may be an entirely local organization or a national or international organization.

Organizations can and have made allegations against a State other than the one in which they are established, operate or have membership. Follow this link to see an example. Organizations do not need to demonstrate a connection to and harm from the ineffective observance alleged in the representation.

Individuals or groups are not allowed to submit representations directly.

The electronic form for the submission of a representation, recently approved by the Governing Body, is available in the ILO website. It covers the conditions of receivability and other information, such as those on voluntary conciliation or other measures that can be explored at the national level.

For further support in preparing representations, employers’ organizations can contact the Bureau for Employers’ Activities (ACT/EMP). For more information, see also on the ILO website the page with publications on ILS, where resources specifically developed for employers’ organizations can be found.

Employers’ or workers’ organizations can make a representation.

Written by adminvg59 on . Posted in Article 24, Special procedures, The representation by employers’ or workers’ organizations is made.

Employers’ or workers’ organizations may make an allegation against any State, provided the State is a party to the Convention alleged to be ineffectively observed. Many ratified Conventions may be cited in one representation, provided the allegation of ineffective observance is substantiated.

According to the Standing Orders, the right to make a representation is granted without restriction to “any industrial association of employers or workers”. No conditions are laid down as regards the size or nationality of that organization. It may be an entirely local organization or a national or international organization.

Organizations can and have made allegations against a State other than the one in which they are established, operate or have membership. Follow this link to see an example. Organizations do not need to demonstrate a connection to and harm from the ineffective observance alleged in the representation.

Individuals or groups are not allowed to submit representations directly.

The electronic form for the submission of a representation, recently approved by the Governing Body, is available in the ILO website. It covers the conditions of receivability and other information, such as those on voluntary conciliation or other measures that can be explored at the national level.

For further support in preparing representations, workers’ organizations can contact the Bureau for Workers’ Activities (ACTRAV).

A representation can be made about ineffective observance of any ratified Convention.

Written by adminvg59 on . Posted in Article 24, Special procedures, The representation by employers’ or workers’ organizations is made.

Article 24 of the ILO Constitution permits “an industrial association of employers or workers” to make a representation to the Office alleging that any member State has failed to give effect to any Convention to which it is a party.

The member State must be bound by ratification to the Convention to which the allegation refers. This does not mean that the allegations must concern a State that is presently a member of the ILO as by virtue of article 1, paragraph 5, of the ILO Constitution, the withdrawal from the Organization shall not affect the continued validity of obligations under ratified Conventions.

Standing Orders concerning the procedure for examination of representations under  articles 24 and 25 of the ILO Constitution  have been adopted by the Governing Body. Together with the Introductory Note, they set down the procedure followed in treating representations.

New measures concerning the representation procedure

In 2018, the Governing Body took a range of measures to strengthen the effectiveness and transparency of the representation procedure.

  • Firstly, optional voluntary conciliation at the national level based on the agreement of the complainant and the agreement of the government, leading to a temporary suspension for a maximum period of six months of the examination of the merits of a representation. While the representation procedure does not require prior exhaustion of national remedies, efforts to reach conciliation at the national level could facilitate a resolution of the dispute at an early stage.
  • Secondly, members of ad hoc tripartite committees established to examine representations need to receive all information and relevant documents from the Office 15 days in advance of their meetings and members of the Governing Body should receive the final report of the ad hoc tripartite committees three days before they are called to adopt their conclusions.
  • Thirdly, the CFA will henceforth examine representations referred to it on freedom of association and collective bargaining matters by setting up ad hoc tripartite committees among its members in line with the procedures set out in the Standing Orders of the Governing Body for the examination of article 24 representations.
  • Fourth, all necessary measures will be taken to protect committee members from undue interference.

The Governing Body will review all the above measures after a two-year trial period.

For more information, see on the ILO website the overview of the representation procedure, articles 24 and 25 of the ILO Constitution, and the list of representations actually made. To know more about the article 24 procedure, a flowchart presentation is also available.

The complainant organization can follow up on measures taken to implement recommendations of the CFA. The employers’ organization provides information.

Written by adminvg59 on . Posted in Complaints to the CFA, Special procedures, The Governing Body approves the CFA report.

Where an employers’ organization is the complainant, it can follow up directly on the measures taken to implement the recommendations of the CFA and inform about compliance or non-compliance with them.

Where actions by enterprises are implicated by CFA recommendations, governments are requested to follow up with employers’ organizations concerned. For example, if the recommendation involves the reinstatement of workers, the relevant enterprise will have to keep the government abreast of its actions in that regard, via the employers’ organization.

The Governing Body receives and normally approves the CFA report with conclusions and recommendations, sending the matter on for follow-up as appropriate.

Written by adminvg59 on . Posted in Complaints to the CFA, Special procedures, The Governing Body approves the CFA report.

At each of its sessions, the Governing Body receives the CFA report for approval. The report contains findings and conclusions for several cases before the CFA, reflecting as well each case’s stage of handling – whether a complain had just been received, a government’s observations has been requested or received, the matter treated substantively, etc.

Where the relevant Conventions have been ratified, in the report the CFA may decide to bring the relevant legislative aspects of a case to the attention of the CEACR. In this way, the government involved will normally be asked to reply to comments made by the CEACR on the conformity of the legislation and its application in practice with the ratified Convention. The CEACR will thus follow up on the outstanding issues related to the Convention until the requested action has been taken and the issue of compliance has been resolved. Click to know more about the regular supervisory machinery.

Where the relevant Conventions have not been ratified, the CFA will follow up on its recommendations.

Views of the Employers’ group are considered in the CFA.

Written by adminvg59 on . Posted in Complaints to the CFA, Special procedures, The CFA examines the complaint.

The members from the Employers’ group also bring the experience of representative organizations of employers to the deliberation of cases in the CFA. Nevertheless, they have been able to reach consensus on the decisions over the years. The role played by the independent chairperson of the CFA is important in this regard.