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A complaint to the CFA from workers’ organizations must be receivable.

Written by adminvg59 on . Posted in Complaints to the CFA, Special procedures, The complaint alleging violation of freedom of association and collective bargaining is lodged.

The CFA has established criteria according to which a complaint can be deemed receivable. One of them relates to the complainant organization, in that allegations are receivable if they are submitted by:

  • a national organization representing workers directly interested in the matter;
  • international organizations of workers having consultative status with the ILO; or
  • other international organizations of workers where the allegations relate to matters directly affecting their affiliated organizations.

Click to see the full checklist for receivability of complaints.

Furthermore, it is important that the complaint:

  • describes the facts in detail;
  • is fully supported by evidence;
  • lists the relevant provisions of national legislation that would infringe the principles of freedom of association and the effective recognition of the right to collective bargaining, wherever possible; and
  • includes information on national tripartite mechanisms established in the framework of the technical assistance provided by the Office, where applicable.

Click to see a checklist on the content of the complaint.

The CFA has recently requested the Office to develop an electronic form for filling complaints, including a question to facilitate the complainant’s consideration of the possibility of voluntary conciliation.

For more information, see also on the ILO website the App specifically developed for workers’ organizations.

A complaint can be lodged by any ILO constituent – a government, employers’ or workers’ organizations – against a government, whether or not the country concerned has ratified the relevant Conventions.

Written by adminvg59 on . Posted in Complaints to the CFA, Special procedures, The complaint alleging violation of freedom of association and collective bargaining is lodged.

Set up in 1951, the CFA is a standing committee of the Governing Body. It has an independent chairperson, and is composed of nine titular members and nine deputy members from the Government, Employers’ and Workers’ groups of the Governing Body, all appointed in their personal capacity. The CFA meets three times a year, in the weeks before the Governing Body meetings in March, June and November.

Mandate

The CFA is tasked with examining alleged infringements of the principles of freedom of association and the effective recognition of the right to collective bargaining. These principles concern fundamental rights which are the subject of international labour Conventions on freedom of association and collective bargaining, as enshrined in the Preamble to the ILO Constitution and the Declaration of Philadelphia. The CFA also examines infringements of civil liberties, as defined in the Universal Declaration of Human Rights (1948), which are essential for the normal exercise of trade union rights and as expressed in the Resolution concerning trade union rights and civil liberties adopted by the International Labour Conference in 1970. The CFA examines complaints whether or not the country concerned has ratified the relevant Conventions.

The mandate of the CFA consists in determining whether any given legislation or practice complies with the principles of freedom of association and the effective recognition of the right to collective bargaining. The object of the procedure is not to blame or punish anyone, but rather to engage in a constructive tripartite dialogue to promote respect for these principles.

Role of the CFA subcommittee

Since 2016, the CFA has a subcommittee whose proposals are placed before the CFA for final decision. The subcommittee has appreciably strengthened the CFA’s governance role with respect to several aspects of its work:

  • criteria for merging cases;
  • identification of priority cases for examination and cases that can be merged;
  • the setting of the agenda of the next CFA meeting, ensuring rapid examination of serious and urgent cases and relative regional balance;
  • a dynamic follow-up review of the effect given to its recommendations; and
  • an improved presentation of the introduction to the CFA report to communicate more clearly and effectively its expectations to constituents.

As of today, the CFA has examined more than 3,300 cases covering most aspects of freedom of association and collective bargaining and a Compilation of its decisions is available in the ILO website.

The recently established practice of publishing CFA annual reports provides helpful information on the use of the procedure throughout one year. The annual report is supported by statistical data, e.g. on the number of lodged complaints, the origin and nature, and other details with regards to the work undertaken by the CFA, the progress made and the serious and urgent cases examined. Since 2019, the Chair of the CFA presents the annual report to the CAS.

For more information on the procedure, see on the ILO website the overview on the CFA, the Procedures for the examination of complaints alleging violations of freedom of association, which is annexed to the Compilation of decisions, and the CFA reports. To know more about the procedure before the CFA, a flowchart presentation is also available.

Click to read about the cooperation with the Economic and Social Council of the United Nations in respect of freedom of association

Know More

The Employers’ group pursues discussion of matters of interest in plenary.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The International Labour Conference discusses and adopts the CAS report.

The Vice-Chairperson of the CAS representing the Employers’ group provides highlights of the proceedings in the CAS from the perspective of the group. Comments may be made, among other things, on individual cases that were discussed in the CAS, as well as cases that the Employers’ group would have liked to have had included among the cases discussed in the CAS. Broader standards-related issues may also be the subject of the employers’ statements. Other Employers’ delegates speaking on their own behalf may intervene prior to the adoption of the CAS report. Statements are sometimes directed to the government of the Employers’ delegate speaking, they may also be directed to other governments, the Workers’ group, or the Office. Statements are often made with a view to the follow-up to be given to the supervisory work in the International Labour Conference, by the CEACR and through other supervisory mechanisms.

Click to see a checklist tool helping social partners to consider possible actions before and during the International Labour Conference.

 

Governments discuss most important developments and give further information in plenary.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The International Labour Conference discusses and adopts the CAS report.

Government delegates to the International Labour Conference are free to intervene during discussion of the CAS report in the plenary session of the International Labour Conference. Their statements will be on behalf of their own government, and may as well be on behalf of other governments that have previously agreed to such an arrangement. Governments’ interventions often amplify or complement statements made or positions taken in the CAS, for example, on information provided in respect of an individual case. Interventions may address broader standards-related issues, such as reporting obligations or giving effect generally to particular Conventions.

The plenary offers governments a wider forum in which to express their views and attempt to influence listeners and readers. Since governments’ actions are the subject of most discussion in the CAS and the International Labour Conference plenary, great care is often taken in the preparation and presentation of statements made in plenary.

The standards-related work from the tripartite International Labour Conference meeting in June is passed on to the CEACR. Government are thus often interested in reviewing as soon as possible the CAS report and a record of the discussion in plenary, both of which are published on the ILO website in the Record of proceedings of the International Labour Conference. Click to see a checklist tool helping governments that have been called to provide information on an individual case on the application of a ratified Convention in the International Labour Conference.

The Workers’ group pursues discussion on matters of interest in plenary.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The International Labour Conference discusses and adopts the CAS report.

The Vice-Chairperson of the CAS representing the Workers’ group provides highlights of the proceedings in the CAS from the perspective of the group. Comments may be made, among other things, on individual cases that were discussed in the CAS, as well as cases that the Workers’ group would have liked to have had included among the cases discussed in the CAS. Broader standards-related issues may also be the subject of the workers’ statements. Other Workers’ delegates speaking on their own behalf may intervene prior to the adoption of the CAS report. Statements are sometimes directed to the government of the Workers’ delegate who is speaking, they may also be directed to other governments, the Employers’ group, or the Office. Statements are often made with a view to the follow-up to be given to the supervisory work in the International Labour Conference, by the CEACR and through other supervisory mechanisms.

Click to see a checklist tool helping social partners to consider possible actions before and during the International Labour Conference.

The Employers’ group pursues discussion of matters of interest in the CAS.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CAS discusses the CEACR report and ILS application.

The Vice-Chairperson of the CAS representing the Employers’ group normally voices the concerns of the group, followed by statements by employers’ members.

The Employers’ group benefits from its study of the CEACR report, which is the basis of work in the CAS. The Bureau for Employers’ Activities (ACT/EMP) supports the Employers’ group in the CAS.

Click to see a checklist tool helping social partners to consider possible actions.

Click to find a factsheet explaining the relevance of this step of the procedure for business. 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.

Governments provide particulars on meeting their obligations to the CAS, as requested.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CAS discusses the CEACR report and ILS application.

Since governments are the actors required to meet standards-related obligations under the ILO Constitution – such as reporting and giving effect to ratified Conventions – their actions are the subject of most discussion in the CAS. A government member delegate to the International Labour Conference is elected – usually by unanimous consent – by the members of the CAS as Chairperson, and another government member is elected as Reporter.

Unlike the Employers’ and Workers’ groups in the CAS, government members do not form a group with the function of coordinating positions on matters discussed in the CAS. There are, however, several regional or sub-regional groupings choosing to express through individual spokespersons unified positions on matters before the CAS. Just like the Employers’ and Workers’ groups within the CAS, this type of coordination helps streamline work, making it easier to reach consensus or come to conclusions on matters.

At the beginning of the CAS work, the list of 24 individual cases to be discussed is adopted. In accordance with the established practice, it is comprised of cases selected by the Employers’ and Workers’ groups taking into consideration a wide range of criteria, amongst them the nature of the comments of the CEACR, in particular the existence of a footnote.

The governments addressed by the observations in the approved list have the opportunity to submit written information to the CAS, which is summarized by the Office and made available to the CAS. These written submissions serve to complement, not to duplicate or substitute, the particulars to be orally provided by the government before the CAS. They are to be provided to the Office at least two days before the discussion of the case, and the document should not exceed five pages.

Cases included in the final list are automatically registered and scheduled by the Office, on the basis of a rotating system, following the French alphabetical order. Cases are divided into two groups: the first group of countries consists of the “double-footnoted cases”, i.e. the cases on which the CEACR has requested the governments to supply information to the International Labour Conference, then the other cases follow.

At the appointed time, the government representative takes the floor in the CAS, provides information orally or refers to written information provided, and makes him or herself available to respond to statements from the other government, workers’ and employers’ members of the CAS. A summary of the governments’ statements and the ensuing discussion is reproduced in the Appendix to the CAS report to the International Labour Conference.

On each individual case, the CAS may issue conclusions. The conclusions, which reflect consensus recommendations, are proposed by the Vice-Chairpersons and submitted by the Chairperson to the CAS for adoption. The conclusions specify the action expected of governments. They may include reference to direct contacts or other types of missions, as well as to technical assistance to be provided by the Office. The CAS may also request governments to submit additional information or address specific concerns in their next reports to the CEACR. Conclusions on the cases discussed are adopted at dedicated sittings. The government representatives concerned are informed of the sitting for the adoption of the conclusions concerning their country and may take the floor after the Chairperson has announced the adoption of the conclusions.

During the International Labour Conference the work of the CAS is followed day to day through the Daily Bulletin and the webpage of the CAS.

The Workers’ group pursues discussion on matters of interest in the CAS.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CAS discusses the CEACR report and ILS application.

The Vice-Chairperson of the CAS representing the Workers’ group normally voices the concerns of the group, followed by statements by workers’ members and/or observers from workers’ organizations.

The Worker’s group benefits from its study of the CEACR report, which is the basis of work in the CAS. The Bureau for Workers’ Activities (ACTRAV) supports the Workers’ group in the CAS.

Click to see a checklist tool helping social partners to consider possible actions.

A tripartite standing committee of the International Labour Conference is mandated to review member States’ fulfilment of standards-related obligations and to report to the International Labour Conference.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CAS discusses the CEACR report and ILS application.

The CAS, an essential component of the ILO supervisory system, examines each year the report of the CEACR. Following the technical and independent scrutiny of government reports and other information carried out by the CEACR, the CAS provides the opportunity for the representatives of governments, employers and workers to examine jointly the manner in which member States fulfil their obligations deriving from ILS.

Mandate

The CAS is a standing tripartite body of the International Labour Conference established in 1926. It is composed of hundreds of members among Government, Employer and Workers members and deputy members. Questions related to the composition of the CAS, the right to participate in its work and the voting procedure are regulated by Part 4 of the Standing Orders of the International Labour Conference.

Each year, the CAS elects its Officers: a government Chairperson, two Vice-Chairpersons – one from the employers’ group and one from the workers’ group, and a government Reporter.

Pursuant to article 10, paragraph 1, of the Standing Orders of the International Labour Conference, the CAS has to consider:

  • compliance by Members with their obligations to communicate information and reports under articles 19, 22, 23 and 35 of the ILO Constitution;
  • individual cases relating to the measures taken by Members to give effect to the Conventions to which they are parties;
  • the law and practice of Members with regard to selected Conventions to which they are not parties and Recommendations, as chosen by the Governing Body (general survey).

As required by article 10, paragraph 4, of the Standing Orders of the International Labour Conference, the CAS submits a report to the International Labour Conference.

In accordance with the established practice, the CAS:

  • discusses the general aspects of the application of ILS and the discharge by member States of standards-related obligations under the ILO Constitution, primarily based on the General Report of the CEACR;
  • discusses the General Survey prepared by the CEACR;
  • examines cases of serious failure to fulfil reporting and other stands-related obligations; and
  • examines 24 individual cases relating to the application of ratified Conventions.

The individual cases are selected on the basis of the observations published in the CEACR report submitted to the International Labour Conference.

A preliminary list of around 40 individual cases for possible discussion (also known as “longlist”) is made available at least 30 days before the opening of the International Labour Conference. This practice responds to a request from governments for early notification, so that they may better prepare themselves for a possible intervention before the CAS. Following changes introduced in 2019, governments on the preliminary list of individual cases are given the opportunity to submit new written information on a voluntary basis. This information should concern only new developments not yet examined by the CEACR. They must be transmitted in one of the three working languages of the Office at least two weeks before the beginning of the opening of the session of the International Labour Conference and shall not exceed three pages.

The final list of individual cases is submitted to the CAS, after the Employers’ and Workers’ groups have met to discuss and finalize it. The list is adopted at the beginning of the CAS work, ideally no later than its second sitting. Since 2007, it has been the practice to follow the adoption of the list of individual cases with an informal information session for governments, hosted by the Employer and Worker Vice-Chairpersons, to explain the criteria used for the selection of individual cases.

The conclusions regarding individual cases are proposed by the Vice-Chairpersons and submitted by the Chairperson to the CAS for adoption. The conclusions are made visible on a screen and at the same time a hard copy of these conclusions is provided to the government representative concerned in one of the three working languages, chosen by the government. The government representatives may take the floor after the Chairperson has announced the adoption of the conclusions.

To know more about the criteria for the selection of individual cases, see document “C.App./D.1: Work of the Committee”, which is available in the ILO website, in the pages dedicated to the International Labour Conference, and is appended to the CAS reports.

Conference Committee on the Application of Standards

The CAS report is submitted for discussion by the International Labour Conference in plenary and adopted. It is then published on the ILO website in the Record of proceedings. A separate publication in a more attractive format brings together the usual three parts of the work of the CAS. The publication is structured in the following way:

  • the General Report of the CAS;
  • the report of the CAS on the observations and information concerning particular countries, which also reproduces the observations of the CEACR concerning the individual cases, in order to facilitate the reading of the CAS discussion on them; and
  • the report of the CAS: submission, discussion and approval.

Following changes introduced in June 2019, the report of the CAS is published as a verbatim record and no longer summarizes the discussion.

To know more about the CAS, see the dedicated page on the ILO website, and a detailed presentation about its work.

Employers’ organizations examine the CEACR report and consider measures to promote the fulfilment of standards-related obligations.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR report is issued.

Employers’ organizations examine the CEACR annual report and consider measures they can take to promote the fulfilment of standard-related obligations. These are government obligations, related to the application of ratified Conventions, the implementation of conclusions and recommendations made by other supervisory bodies, the compliance with reporting obligations and with the obligation to submit ILS to the competent authorities.