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Category: Complaints to the CFA

Complaints to the CFA

The complainant organization may amplify allegations. Employers’ organization can also provide information to the government.

Written by adminvg59 on . Posted in Complaints to the CFA, Special procedures, The government provides observations.

Where an employers’ organization is the complainant, the Office may solicit further information from the complainant in the light of the observations from the government, once received. This is particularly the case where the statements contained in the complaint and the government’s reply merely cancel one another out but do not contain any valid evidence. See the “Rules concerning relations with the complainant” in the Procedures for the examination of complaints alleging violations of freedom of association.

If the complaint concerns the private sector, the government is requested to obtain the view of the enterprise concerned by contacting the employers’ organization. A summary of the views of the employers’ organization will be then included in the report.

The government provides observations on allegations, supported by documentary evidence. A hearing of the parties may exceptionally occur.

Written by adminvg59 on . Posted in Complaints to the CFA, Special procedures, The government provides observations.

Since the CFA meets only three times a year, the Office systematically seeks to have the relevant government make observations on the allegations. Follow-up special communications may sometimes be necessary.

  • The CFA follows a practice of drawing the special attention of the Governing Body to specific cases it has examined because of the extreme seriousness and urgency of the matters dealt with therein. It does so by highlighting these cases in a special paragraph in the introductory part of its report, under the heading “Serious and urgent cases which the Committee draws to the special attention of the Governing Body”. Special communications may be sent by the Director-General following up on these cases.
  • The CFA follows a practice of issuing “urgent appeals” if, despite the time which has elapsed since the submission of the complaints or the issuance of its recommendations on at least two occasions, it has not received the observations of the governments in a particular case. “Urgent appeals” are equally found in a special paragraph in the introductory part of its report. Advance warnings of a potentially forthcoming “urgent appeal” equally feature in the introductory part of the report. Click to see examples in paras 6 and 7 of the CFA report. The government is warned that at its following session the CFA may examine the complaint even in the absence of a reply, i.e. by default.
  • Action to secure a reply may be taken by the Chair, on behalf of the CFA, during the Governing Body or the International Labour Conference through contacts made with the representatives of the government concerned.

ILO field offices may be called on to hasten the sending of government observations on complaints.

As clarified in the “Rules for relations with the government concerned” in the Procedures for the examination of complaints alleging violations of freedom of association, the replies from governments should not be limited to general observations, but they should be detailed.

The complainant organization may amplify allegations.

Written by adminvg59 on . Posted in Complaints to the CFA, Special procedures, The government provides observations.

Where a workers’ organization is the complainant, the Office may solicit further information from the complainant in the light of the observations from the government, once received. This is particularly the case where the statements contained in the complaint and the government’s reply merely cancel one another out but do not contain any valid evidence. See the “Rules concerning relations with the complainant” in the Procedures for the examination of complaints alleging violations of freedom of association.

The Office informs the government against whom the allegations are made and asks for its observations.

Written by adminvg59 on . Posted in Complaints to the CFA, Special procedures, The government provides observations.

If a complaint meets the basic admissibility requirements, the Office gives the complaint a case number, informs the government concerned of the complaint and asks for its observations on the allegations. To know more, see the “Rules for relations with the government concerned” in the Procedures for the examination of complaints alleging violations of freedom of association.

The CFA has recently decided to adopt a similar approach of optional voluntary conciliation for complaints as has been adopted with respect to representations  under article 24 of the ILO Constitution. Upon acknowledging a complaint and transmitting it to the government, an additional paragraph will be included pointing to the possibility of optional voluntary conciliation which, if agreed to by both parties, would lead to a temporary suspension of the examination of the complaint for a period of six months. Such cases will be noted in a special paragraph of the introduction of the CFA report, demonstrating the willingness of the parties to attempt to find appropriate solutions at national level. The CFA will review the impact of this approach after a trial period.

In terms of information responding to the allegations, the CFA may hear the parties, or one of them, where:

  • the complainants and the government have submitted contradictory statements on the substance of the matters at issue; or
  • the CFA considers it useful to have an exchange of views on certain matters with the government concerned and the complainants in order to appreciate more fully the factual situation, examine
  • the possibilities for solving the problems and seek conciliation; or
  • particular difficulties have arisen in the examination of questions involving the implementation of its recommendations.

In practice, face-to-face hearings occur very exceptionally.

A complaint to the CFA from employers’ 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 page with publications on ILS, where resources specifically developed for employers’ organizations can be found.

A complaint to the CFA is always brought against a government.

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.

Complaints are brought against governments. They are received and treated by the CFA regardless of whether the member State concerned has ratified any of the Conventions dealing with freedom of association and collective bargaining. This is because member States are deemed bound to respect the fundamental principles of freedom of association and the effective recognition of the right to collective bargaining contained in the ILO Constitution, including the Declaration of Philadelphia, by virtue of their membership in the Organization.

Governments are called to respond to allegations that legislation and/or practices have violated these principles. They are also called to answer to allegations over actions by employers or workers, or their organizations, that violate the above-mentioned principles, since governments are charged with promoting and assuring respect for them within their territory.

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

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