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. 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 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 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.
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.
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.
