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Governments examine the CEACR report and consider measures to fulfil standards-related obligations.

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

Governments examine the CEACR annual report and consider measures they can take to fulfil their standards-related obligations, i.e. obligations related to the application of ratified Conventions, the implementation of conclusions and recommendations made by other supervisory bodies, reporting and the submission of ILS to the competent authorities. Governments study comments made by the CEACR on Conventions they have ratified. They check if the CEACR has asked that they supply full particulars to the International Labour Conference which takes place in June, as this will require prior preparation. They look at challenges observed by the CEACR in respecting reporting obligations and other standards-related obligations under the ILO Constitution.

Contact may be taken within governmental departments and with the social partners to consider actions to substantively respond to CEACR comments. Substantive response implies action to change laws or practices to better meet obligations and/or study of the matter at hand to better engage in dialogue with the CEACR concerning the law and practice and their conformity with obligations.

The full International Labour Conference discusses CAS report, highlighting most important developments, and adopts it. The CEACR examines the follow-up to the conclusions.

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

The comprehensive CAS report is submitted to the International Labour Conference, where it is presented and discussed in plenary sitting in its closing days by the Reporter of the CAS. The two Vice-Chairpersons and the Chairperson make statements, following which delegates may make brief remarks on the report presented to the plenary.. The Government, Employers’ and Workers’ delegates thus have a final opportunity to present their perspective on standards-related obligations as well as the individual cases taken up in the CAS. The conclusions of the CAS – including conclusions in selected cases of particular importance set out in special paragraphs in “Part One” (General Report) of the CAS report – are normally adopted by the International Labour Conference in plenary. The CAS report and a record of the discussion in plenary is published on the ILO website in the Record of proceedings of the International Labour Conference.

In accordance with the established dialogue between the CAS and the CEACR, the latter examines the follow-up to the conclusions of the CAS on individual cases on the application of ratified Conventions.

Employers’ organizations receive copies of CEACR comments made to governments.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR examines governments’ reports and other information.

In accordance with the established practice, in March, representative organizations of employers and workers receive comments addressed to their governments and to which governments will need to reply with reports on the application of ratified Conventions in the current year.

These organizations can:

  • consider whether there are any Conventions on the application of which they will want to make observations to the CEACR during the reporting cycle of the current year;
  • follow CEACR supervision of Conventions on which they have already provided observations; and
  • consider the consultation on questions arising out of reports that is required under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), where it has been ratified.

A Handbook of procedures relating to international labour Conventions and Recommendations describing the procedures operating within the ILO in relation to the adoption and implementation of ILS, including the contribution of any employers’ and workers’ organizations to the reporting system, is available in the ILO website. Click to see a checklist tool helping social partners to take action.

Click to find a factsheet explaining the relevance 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.

Employers’ organizations can make observations on the way ratified Conventions are being applied.

Written by adminvg59 on . Posted in Article 22, Governments prepare and send reports, Regular Supervision.

Under article 23, paragraph 2, of the ILO Constitution member States have the obligation to communicate to the representative organizations of employers and workers copies of the reports supplied to the Office. This obligation is intended to enable employers‘ and workers’ organizations to participate fully in the supervision of the application of ILS. Employers’ and workers’ organizations may make observations on the subject matter of the reports and on compliance with the obligations arising from ratified Conventions. Click to see a checklist tool helping social partners decide how they will participate.

In some cases, governments transmit the observations made by employers’ and workers’ organizations with their reports, sometimes adding their own comments. However, in the majority of cases, observations from employers’ and workers’ organizations are sent directly to the Office which, in accordance with the established practice, transmits them to the governments concerned for comment, so as to ensure respect for due process.

Observations from employers’ and workers’ organizations sent directly to the Office should clearly indicate the intention to submit observations to the CEACR and should be signed. They should reach the Office no later than 1 September each year. Organizations are encouraged to send their observations by email (ORGS-CEACR@ilo.org).

For reasons of transparency, the CEACR keeps record in its annual report of observations by employers’ and workers’ organizations. Appendix III to its report lists all observations received from them on the application of ratified Conventions. It is also possible to see the list of “Observations made by employers’ and workers’ organizations (Art. 23)” in each country, in the NORMLEX database with country profiles.

Number of observations received from employers’ organizations by year (since 2009)

How the CEACR treats observations on ratified Conventions made by employers’ and workers’ organizations

The CEACR systematically recalls that the contribution by employers’ and workers’ organizations is essential for its evaluation of the application of Conventions in national law and in practice and, in the context of the regular review of its working methods, has adopted a practice for treating observations from both employers’ and workers’ organizations.

Where the CEACR finds that the observations are not within the scope of the Convention or do not contain information that would add value to its examination of the application of the Convention, it will not refer to them in its comments. Otherwise, the observations received from these organizations may be considered in a comment, taking the form of an observation or a direct request, as appropriate.

In a reporting year

When observations are not provided with the government’s report, they should be received by the Office by 1 September at the latest, so as to allow the government concerned to have a reasonable time to respond, thereby enabling the CEACR to examine the issues raised at its session the same year. When observations are received after, they would not be examined in substance in the absence of a reply from the government, except in exceptional cases, which are cases as those where the allegations are sufficiently substantiated and there is an urgent need to address the situation, whether because they refer to matters of life and death or to fundamental human rights or because any delay may cause irreparable harm. In addition, observations referring to legislative proposals or draft laws may also be examined by the CEACR in the absence of a reply from the government, where this may be of assistance for the country at the drafting stage.

Outside of a reporting year

When observations simply repeat those made in previous years, or refer to matters already raised by the CEACR, they will be examined in the year when the government’s report is due, in accordance with the regular reporting cycle. In this case, a report will not be requested from the government outside of that cycle. However, where the observations meet the above-mentioned criteria of exceptional cases the CEACR will examine them in the year in which they are received, even in the absence of a reply from the government concerned.

Furthermore, where the observations on a technical Convention meet the criteria set out below, the CEACR will review the application outside of a reporting year. The criteria are:

  • the seriousness of the problem and its adverse impact on the application of the Convention;
  • the persistence of the problem; and
  • the relevance and scope of the government’s response in its reports or the absence of response to the issues raised by the CEACR, including cases of clear and repeated refusal on the part of a State to comply with its obligations.

The CEACR will therefore request the Office to issue a notification to the government that the observations received on a technical Convention will be examined at its subsequent session with or without a response from the government. This would ensure that the government has sufficient notice while ensuring that the examination of matters of importance are not further delayed

Governments receive any comments made by the CEACR concerning the application of ratified Conventions.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR examines governments’ reports and other information.

In accordance with the established practice, between the end of February and the beginning of March governments receive the requests for reports on ratified Conventions due in the current year with the CEACR comments addressed to them and an explanatory note. A Handbook of procedures relating to international labour Conventions and Recommendations describing the procedures operating within the ILO in relation to the adoption and implementation of ILS is available in the ILO website. Its Appendix II contains the regular reporting cycle up to 2025. The NORMLEX database lays out the regular reporting schedule for each member State over a period of six years (i.e. the regular interval for reports on the application of technical Conventions).

The timeline below shows the Office practices and the government practices on reporting on ratified Conventions throughout a single year.

February
Office

The report of the CEACR is published and made available on the ILO website.

Between the end of February and the beginning of March, the Office sends by email requests for (detailed/simplified) reports on ratified Conventions due that year to governments. The communication includes the comments by the supervisory bodies for each Convention and an explanatory note.
Member States

The CEACR report is examined, also to prepare for discussion in the CAS.

March
Office

Between the end of February and the beginning of March, the Office sends by email requests for (detailed/simplified) reports on ratified Conventions due the current year to governments. The communication includes the comments by the supervisory bodies for each Convention and an explanatory note.

In March, the Office sends by email copies of requests for reports on ratified Conventions due the current year to the representative organizations of employers and workers. The communication includes the comments by the supervisory bodies and a note concerning the contribution of employers’ and workers’ organizations to the supervision of the application of ILS.
Member States

CEACR comments are studied, with a view to initiating measures needed to ensure compliance.

States parties to Convention No. 144 hold effective consultations with the representative organizations of employers and workers on questions arising out of reports on ratified Conventions to be made.

Reports on ratified Conventions are prepared and sent to reach the Office between 1 June and 1 September, at the latest. Reports can be sent in batches.

April
Member States

CEACR comments are studied, with a view to initiating measures needed to ensure compliance.

States parties to Convention No. 144 hold effective consultations with the representative organizations of employers and workers on questions arising out of reports on ratified Conventions to be made.

Reports on ratified Conventions are prepared and sent to reach the Office between 1 June and 1 September, at the latest. Reports can be sent in batches.

May
Member States

CEACR comments are studied, with a view to initiating measures needed to ensure compliance.

States parties to Convention No. 144 hold effective consultations with the representative organizations of employers and workers on questions arising out of reports on ratified Conventions to be made.

Reports on ratified Conventions are prepared and sent to reach the Office between 1 June and 1 September, at the latest. Reports can be sent in batches.

Information is prepared for the CAS in writing or to be given orally, as appropriate.
June
Supervisory bodies
The CAS meets and examines the report of the CEACR, the cases of serious failure to respect reporting and other standards-related obligations, and a selection of individual cases relating to the application of ratified Conventions on which the governments are invited to contribute details.
Office

The report of the CAS is published on the ILO website in the Provisional Record.

Member States

Participate in proceedings, in discussion of any cases concerning their own country selected for consideration and, as appropriate, in discussion of cases concerning other member States than their own.

Reports on ratified Conventions due in the current year are sent to the Office.

Copies of reports on ratified Conventions are communicated to the representative organizations of employers and workers.

July
Office

The CAS report is published separately and made available in the ILO website.

Member States

The CAS report is examined to take into consideration all possible and necessary measures and, as appropriate, to follow up on the conclusions on individual cases. Information in this regard is provided  in the reports.

Reports on ratified Conventions due that year are sent to the Office.

Copies of reports are communicated to the representative organizations of employers and workers.
August
Member States

The CAS report is examined to take into consideration all possible and necessary measures and, as appropriate, to follow up on the conclusions of the CAS. Information in this regard is provided in the reports.

Reports on ratified Conventions due that year are sent to the Office.

Copies of reports are communicated to the representative organizations of employers and workers.

September
Office

The Office checks that the reports contain all the replies, information and documentation requested. If they do not, the Office will, without entering into the substance of the matter, ask governments to send them.

If the Office receives observations directly from employers’ and workers’ organizations, it acknowledges receipt and simultaneously forwards a copy to the government concerned, so that it might respond.

Member States

Additional information is sent to the Office, if so requested.

October
Member States

Additional information is sent to the Office, if so requested.

November
Member States

Additional information is sent to the Office, if so requested.

Supervisory bodies

The CEACR meets in late November and early December to adopt comments (observations and direct requests) and the report that will be submitted to the Governing Body the following year for transmission to the International Labour Conference.

December
Supervisory bodies

The CEACR meets in late November and early December to adopt comments (observations and direct requests) and the report that will be submitted to the Governing Body the following year for transmission to the International Labour Conference.

1 Feb 2017 1 Mar 2017 3 Apr 2017 3 May 2017 2 Jun 2017 1 Jul 2017 3 Aug 2017 2 Sep 2017 4 Oct 2017 1 Nov 2017 1 Dec 2017

Governments provide reports requested by the Office on ratified Conventions. Reports are detailed or simplified.

Written by adminvg59 on . Posted in Article 22, Governments prepare and send reports, Regular Supervision.

Governments’ very first reports on newly ratified Conventions need to be detailed. They need to respond to each and every question of a report form specifically developed for the particular Convention and approved by the Governing Body. The report forms set out the substantive provisions of the Conventions on which information has to be provided, and include specific questions as to some provisions. A general commentary on the structure and content of these report forms is available to the ILO constituents. Subsequent reports are simplified, providing information on any changes made to laws and practices in applying the ratified Convention. In order to further clarify the distinction between the two types of reports, and with a view to facilitating their submission, the Governing Body has recently approved a report form for simplified reports. Click to see the new report form for simplified reports.

All reports, whether detailed or simplified, need to:

  • indicate the employers’ and workers’ organizations to which copies of the reports have been addressed, as required by article 23, paragraph 2, of the ILO Constitution;
  • include the text of any observations made by employers’ and workers’ organizations, where these observations have not already been forwarded to the Office;
  • include any comments that the government wishes to make on the observations received; and
  • respond to any comments made by the supervisory bodies on the application of the Convention concerned.

The reports requested from each country from year to year are listed in the NORMLEX database, along with CEACR comments to which replies have to be provided.

Detailed reports also need to be provided where they are explicitly requested by the supervisory bodies or, at the initiative of the member State, if there have been significant changes in the application of a ratified Convention, such as the adoption of substantial new legislation.

All reports on ratified Conventions have to reach the Office each year between 1 June and 1 September at the latest. Governments are encouraged to send them by email (NORM_REPORT@ilo.org) and can submit them in batches.

When it receives governments’ reports, the Office checks to see whether they contain information and documents in reply to any comments of the CEACR or conclusions of the CAS. If they do not, without entering into the substance of the matter, the Office will draw the attention of the government concerned to the need for a reply. The Office also writes to governments concerned when reports are not accompanied by copies of relevant legislation, statistics or other documentation at issue and these are not otherwise available, and asks them to send such documentation. Reminders are sent to governments which do not transmit their reports on time.

Furthermore, according to a recently established practice, the CEACR issues “urgent appeals” to governments using the following criteria:

  • failure to send reports for the third consecutive year;
  • failure to reply to serious and urgent observations from employers’ and workers’ organizations for more than two years; and
  • failure to reply to repetitions relating to draft legislation when developments have intervened.

As a result, repetitions of previous comments will be limited to a maximum of three years, following which the Convention’s application will be examined in substance by the CEACR on the basis of publicly available information, even if the government has not sent a report, thus ensuring a review of the application of ratified Conventions at least once within the regular reporting cycle.

Click to see a flowchart tool and a checklist tool which can help governments with the reporting obligation under article 22 of the ILO Constitution, including when they need to follow up on conclusions of the CAS concerning Conventions they have ratified.

In the context of the Standards Initiative, the Governing Body has recently requested the Office to implement a pilot project for the establishment of baseline reports on the Promotional Framework or Occupational Safety and Health Convention, 2006 (No. 187), and a few other technical Conventions. This project aims, among other things, to facilitate the fulfilment of reporting obligations by member States and to achieve gains in terms of effectiveness, quality and efficiency.

Workers’ organizations receive copies of CEACR comments made to governments.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR examines governments’ reports and other information.

As a natural consequence of its tripartite structure, the ILO was the first international organization to associate the social partners directly in its activities. The participation of employers’ and workers’ organizations in the supervisory mechanisms is recognized in article 23, paragraph 2, of the ILO Constitution, which provides that reports and information submitted by governments in accordance with articles 19 and 22 must be communicated to the representative organizations.

In practice, representative employers’ and workers’ organizations may submit to their government’s comments on the reports concerning the application of ILS. They may, for instance, draw attention to a discrepancy in law or practice regarding the application of a ratified Convention. Furthermore, any employers’ or workers’ organization may submit comments on the application of ILS directly to the Office. The Office will then forward these comments to the government concerned, which will have an opportunity to respond before the comments are examined by the CEACR, except in exceptional circumstances.

In accordance with the established practice, in March, representative organizations of employers and workers receive comments addressed to their governments and to which governments will need to reply with reports on the application of ratified Conventions in the current year.

These organizations can:

  • consider whether there are any Conventions on the application of which they will want to make observations to the CEACR in the course of the regular reporting cycle;
  • determine if and how the CEACR has considered any of their comments on the application of the Convention submitted previously; and
  • prepare for the tripartite consultations on questions arising out of reports on ratified Conventions required under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), where the Convention has been ratified.

A Handbook of procedures relating to international labour Conventions and Recommendations describing the procedures operating within the ILO in relation to the adoption and implementation of ILS, including the contribution of any employers’ and workers’ organizations to the reporting system, is available in the ILO website. Click to see a checklist tool helping social partners to take action.

 

Workers’ 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.

Workers’ organizations examine the CEACR annual report and consider measures they can take to promote the fulfilment of standards-related obligations by governments. These are obligations related to the application of ratified Conventions, the implementation of conclusions and recommendations made by other supervisory bodies, reporting and the submission of ILS to the competent authorities.

Workers’ organizations can make observations on the way ratified Conventions are being applied.

Written by adminvg59 on . Posted in Article 22, Governments prepare and send reports, Regular Supervision.

Under article 23, paragraph 2, of the ILO Constitution member States have the obligation to communicate to the representative organizations of employers and workers copies of the reports supplied to the Office. This obligation is intended to enable employers’ and workers’ organizations to participate fully in the supervision of the application of ILS. Employers’ and workers’ organizations may make observations on the subject matter of the reports and on compliance with the obligations arising from ratified Conventions. Click to see a checklist tool helping social partners decide how to participate.

In some cases, governments transmit the observations made by employers’ and workers’ organizations with their reports, sometimes adding their own comments. However, in the majority of cases, observations from employers’ and workers’ organizations are sent directly to the Office which, in accordance with the established practice, transmits them to the governments concerned for comments, so as to ensure respect for due process.

Observations from employers’ and workers’ organizations sent directly to the Office should clearly indicate the intention to submit observations to the CEACR and should be signed. They should reach the Office no later than 1 September each year. Organizations are encouraged to send their observations by email (ORGS-CEACR@ilo.org).

For reasons of transparency, the CEACR keeps record in its annual report of observations by employers’ and workers’ organizations. Appendix III to its report lists all observations received from them on the application of ratified Conventions. It is also possible to see the list of “Observations made by employers’ and workers’ organizations (Art. 23)” in each country, in the NORMLEX database with country profiles.

Number of observations received from workers’ organizations by year (since 2009)

How the CEACR treats observations on ratified Conventions made by employers’ and workers’ organizations

The CEACR systematically recalls that the contribution by employers’ and workers’ organizations is essential for its evaluation of the application of Conventions in national law and in practice and, in the context of the regular review of its working methods, has adopted a practice for treating observations from both employers’ and workers’ organizations.

Where the CEACR finds that the observations are not within the scope of the Convention or do not contain information that would add value to its examination of the application of the Convention, it will not refer to them in its comments. Otherwise, the observations received from these organizations may be considered in a comment, taking the form of an observation or a direct request, as appropriate.

In a reporting year

When observations are not provided with the government’s report, they should be received by the Office by 1 September at the latest, so as to allow the government concerned to have a reasonable time to respond, thereby enabling the CEACR to examine the issues raised at its session the same year. When observations are received after, they would not be examined in substance in the absence of a reply from the government, except in exceptional cases, which are cases as those where the allegations are sufficiently substantiated and there is an urgent need to address the situation, whether because they refer to matters of life and death or to fundamental human rights or because any delay may cause irreparable harm. In addition, observations referring to legislative proposals or draft laws may also be examined by the CEACR in the absence of a reply from the government, where this may be of assistance for the country at the drafting stage.

Outside of a reporting year

When observations simply repeat those made in previous years, or refer to matters already raised by the CEACR, they will be examined in the year when the government’s report is due, in accordance with the regular reporting cycle. In this case, a report will not be requested from the government outside of that cycle. However, where the observations meet the above-mentioned criteria of exceptional cases, the CEACR will examine them in the year in which they are received, even in the absence of a reply from the government concerned.

Furthermore, where the observations on a technical Convention meet the criteria set out below, the CEACR will review the application outside of a reporting year. The criteria are:

  • the seriousness of the problem and its adverse impact on the application of the Convention;
  • the persistence of the problem; and
  • the relevance and scope of the government’s response in its reports or the absence of response to the issues raised by the CEACR, including cases of clear and repeated refusal on the part of a State to comply with its obligations.

The CEACR will therefore request the Office to issue a notification to the government that the observations received on a technical Convention will be examined at its subsequent session with or without a response from the government. This would ensure that the government has sufficient notice while ensuring that the examination of matters of importance are not further delayed.

The CEACR prepares a report on member States meeting obligations under ratified Conventions and the ILO Constitution.

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

The CEACR prepares an annual report, which is in the first place submitted to the Governing Body at its March session for transmission to the International Labour Conference in June. The CEACR report is published in February, and is made available in hard copy and in the ILO website.

The CEACR report is traditionally submitted to the International Labour Conference as “Report III”, i.e. the third standing item to be included by the Governing Body in the International Labour Conference agenda each year. As such, the report consists of two volumes. The first volume (Report III (Part A)) is divided into two parts:

  • Part I: The General Report describes the progress of the work of the CEACR and specific matters relating to it that have been addressed, and the extent to which member States have fulfilled their constitutional obligations in relation to ILS;
  • Part II: Observations concerning particular countries on the fulfilment of obligations in respect of the submission of reports, the application of ratified Conventions grouped by subject matter, and the obligation to submit instruments to the competent national authorities.

The second volume contains a General Survey (Report III (Part B)) in which the CEACR examines the state of the legislation and practice regarding a given number of Conventions and Recommendations, selected annually by the Governing Body. This examination covers all member States regardless of whether or not they have ratified the given Conventions. General Surveys since 1985 are available in the ILO website.

The comments of the CEACR on the fulfilment by member States of their standards-related obligations that take the form of observations are published in the CEACR report which has, at the beginning, the indexes of comments by Convention and by country. The NORMLEX database includes both observations and direct requests by the CEACR.