The representation that relates to a ratified Convention dealing with freedom of association and collective bargaining is examined by the CFA in accordance with the procedure for the examination of representations once it has been referred by the Governing Body. The matter is treated by an ad hoc committee of three CFA members, with one member from each group.
Subject to the agreement of the complainant organization and of the government, the examination of the merits of the representation may be temporarily suspended, for a maximum period of six months, so as to allow for optional voluntary conciliation or other measures at the national level.
The ad hoc committee in the CFA examines the merits of the representation in separate meetings. The entire case file is made available to the members of the CFA ad hoc committee and they can meet as many times as considered necessary for the conclusion of their work. Where allegations of non-observance of other Conventions are raised in the same representation, avenues are explored for ensuring effective communication between the two committees where appropriate.
The report as finalized by the three members is presented as a separate report to the Governing Body for approval. It is considered along with all other article 24 reports at the end of the Governing Body session.
Once the report of the ad hoc tripartite committee has been adopted by the Governing Body, usually at the end of its session, it is notified to the government concerned and the complainant organization, and the procedure is closed. The report is published in the Official Bulletin and on the ILO website, in the pages concerning the relevant session of the Governing Body.
In the context of the Standards Initiative, the Governing Body has recently asked for a regularly updated document on the effect given to the recommendations of the ad hoc committees in order to strengthen their follow-up.
The measures taken by governments pursuant to the recommendations of the ad hoc tripartite committee are examined through regular supervision. This provides the opportunity for the government to submit information on developments through reporting on the relevant ratified Conventions, the CEACR to monitor developments in light of recommendations, and the CAS to take the matter up as an individual case during a future session of the International Labour Conference. Click to know more about the regular supervisory machinery.
The employers’ organization that has made the representation will furnish further information to the ad hoc tripartite committee if it is asked to do so, within the time fixed by the committee. The complainant organization may also do so on its own initiative but this will most probably have an impact on the deadlines within which the representation will be examined. A representative of the complainant organization may also on rare occasions be invited by the ad hoc committee to furnish information orally.
When communicating the positive decision on the receivability of a representation to the government against which it is made, the Governing Body invites the government to provide observations on the representation. The ad hoc committee may ask the government for further information if it so chooses, and fix a time for its receipt.
The government may provide information in writing, ask that its representative be heard by the committee, or request that a representative of the Director-General visits the country to obtain information on the subject of the representation for presentation to the committee.
The government may also agree on the suspension of the procedure for exploring conciliation of the matter raised by the representation.
The workers’ organization that has made the representation will furnish further information to the ad hoc tripartite committee if it is asked to do so, within the time fixed by the committee. The complainant organization may also do so on its own initiative but this will most probably have an impact on the deadlines within which the representation will be examined. A representative of the complainant organization may also on rare occasions be invited by the ad hoc committee to furnish information orally.
The representation is examined by an ad hoc tripartite committee, if the Governing Body has established one for that purpose. The ad hoc committee consists of three members chosen in equal numbers from the Government, Employers’ and Workers’ groups. No representative or national of the State against which the representation has been made and no person occupying an official position in the association of employers or workers which has made the representation may be a member of the committee. Ratification of the Convention concerned is a condition for membership of governments in these committees, unless no government titular or deputy member of the Governing Body represents a country which has ratified the Convention concerned.
The Standing Orders set out, among other things, the powers of the tripartite committee during its examination of the representation, essentially for communicating with the complainant organization and the government against which the representation is made.
The meetings of the committee are held in private and all the steps of the procedure are confidential.
During the examination of a representation, the CEACR suspends its examination of the issues covered by the representation until the Governing Body has taken a decision. Therefore, until the procedure comes to an end, this may preclude examination of the matter by the CAS. This should be taken into account in the decision to have recourse to a representation under article 24 of the ILO Constitution, or to make an observation to the CEACR under article 23 of the ILO Constitution.
The Governing Body has recently decided that the examination of the merits of the representation may be temporarily suspended, for a maximum period of six months, so as to allow for optional voluntary conciliation or other measures at the national level. The suspension will be subject to the agreement of the complainant organization, as expressed in the electronic form for the submission of a representation, and of the government.
A report on the examination of the representation by the ad hoc committee will be prepared for the Governing Body. It will contain information on the steps taken in examining the representation, its conclusions concerning the issues raised in the representation, and its recommendations as to the decision to be taken by the Governing Body. Prior to the 2000s, where the government’s response was not considered satisfactory, the Governing Body was entitled to publish the representation and the response. Over recent years, the reports of the ad hoc tripartite committees have been systematically made available to the public in the ILO website. It is possible to search in the NORMLEX database for the exact phrase “Report of the Committee set up to examine the representation” to find examples of these reports.
If the Governing Body decides that the representation is not receivable, a letter informing the complainant organization of the decision will be sent by the Office.
If the Governing Body decides that the representation is receivable and establishes an ad hoc committee, the decision will be communicated to the complainant organization, which will also be informed of the members of the ad hoc committee and the fact that any additional information on the representation submitted by the organization will be transmitted to the government concerned which will be invited to reply. The complainant organization will be informed also if the representation has been referred to the CFA or if a decision on referral has been postponed subject to follow-up on previous comments by the CEACR.
Representations covering more than one instrument, including Conventions dealing with freedom of association and collective bargaining, are usually examined separately, with one component examined by an ad hoc committee and another referred to the CFA, for examination in accordance with the modalities set out for representations. The complainant organization will be informed accordingly.
If the government concerned is not represented in the Governing Body, it will be invited to send a representative to take part in deliberations on receivability. If an ad hoc tripartite committee is ultimately set up and reports to the Governing Body on the substance of the representation, the government will likewise be invited to send a representative to take part in proceedings.
If the Governing Body decides that the representation is not receivable, a letter informing the government of the decision will be sent by the Office.
If the Governing Body decides that the representation is receivable and establishes an ad hoc committee, the decision will be communicated to the government, which will also be informed of the members of the ad hoc committee and be invited to submit any observations it wishes to make on the representation within the time-frame fixed. The government may ask the ad hoc committee for an extension of the deadline for its reply. In doing so, it should give a justification for the request.
The government will be informed accordingly if the representation has been referred to the CFA or if a decision on referral has been postponed subject to follow-up on previous comments by the CEACR.
Representations covering more than one instrument, including Conventions dealing with freedom of association and collective bargaining, are usually examined separately, with one component examined by an ad hoc committee and another referred to the CFA, for examination in accordance with the modalities set out for representations. The government will be informed accordingly.
If the Governing Body decides that the representation is not receivable, a letter informing the complainant organization of the decision will be sent by the Office.
If the Governing Body decides that the representation is receivable and establishes an ad hoc committee, the decision will be communicated to the complainant organization, which will also be informed of the members of the ad hoc committee and the fact that any additional information on the representation submitted by the organization will be transmitted to the government concerned which will be invited to reply. The complainant organization will be informed also if the representation has been referred to the CFA or if a decision on referral has been postponed subject to follow-up on previous comments by the CEACR.
Representations covering more than one instrument, including Conventions dealing with freedom of association and collective bargaining, are usually examined separately, with one component examined by an ad hoc committee and another referred to the CFA, for examination in accordance with the modalities set out for representations. The complainant organization will be informed accordingly.
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.
