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Category: The Governing Body refers to an ad hoc tripartite committee or the CFA

The complainant organization is informed of the Governing Body decisions on receivability and referral.

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.

The government concerned is informed of the Governing Body decision on receivability and referral.

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.

The complainant organization is informed of the Governing Body decisions on receivability and referral.

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

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.