The engagement of governments, employers’ and workers’ organizations – tripartism – in promoting full, productive and freely chosen employment and decent work for all has always been at the heart of the ILO, and ILS have always been a primary means by which the ILO promotes social justice.
The three constituents are thus fully involved in setting ILS, most importantly:
when the Governing Body decides to place a standard-setting item on the agenda of the International Labour Conference;
in the course of national consultations preceding each of the two standard-setting discussions at the International Labour Conference; and
when the International Labour Conference adopts the ILS.
The engagement of governments, employers’ and workers’ organizations – tripartism – in promoting full, productive and freely chosen employment and decent work for all has always been at the heart of the ILO, and ILS have always been a primary means by which the ILO promotes social justice.
The three constituents are thus fully involved in setting ILS, most importantly:
when the Governing Body decides to place a standard-setting item on the agenda of the International Labour Conference;
in the course of national consultations preceding each of the two standard-setting discussions at the International Labour Conference; and
when the International Labour Conference adopts the ILS.
The engagement of governments, employers’ and workers’ organizations – tripartism – in promoting full, productive and freely chosen employment and decent work for all has always been at the heart of the ILO, and ILS have always been a primary means by which the ILO promotes social justice.
The three constituents are thus fully involved in setting ILS, most importantly:
when the Governing Body decides to place a standard-setting item on the agenda of the International Labour Conference;
in the course of national consultations preceding each of the two standard-setting discussions at the International Labour Conference; and
when the International Labour Conference adopts the ILS.
ILS are adopted by the International Labour Conference by a 2/3 majority vote. They take the form of Conventions or Protocols that are binding on member States when ratified, and Recommendations that give non-binding guidance. Protocols are used to partially revise existing Conventions and are open to ratification by member States already bound by or simultaneously ratifying and becoming bound by the Convention in question. Click to see a glossary with definitions of frequently used terms relating to ILS.
The timeline below shows the calendar of action for the adoption of ILS, following the double-discussion procedure. To know more about the standard-setting procedure, a flowchart presentation is also available.
The Governing Body considers the agenda of the International Labour Conference in year 4 and puts the topic on the agenda for standard-setting with a view to a double discussion.
In cases of special urgency or other special circumstances the Governing Body may decide to refer a standard-setting question to the International Labour Conference with a view to a single discussion.
The white report on law and practice, with the questionnaire on the content of the possible instrument, is made available on the ILO website in the page of the relevant session of the International Labour Conference.
States parties to Convention No. 144 hold effective consultations with the representative organizations of employers and workers on replies to the questionnaire.
The yellow report, with the responses to the questionnaire and the proposed conclusions, is made available on the ILO website in the page of the relevant session of the International Labour Conference.
The brown report with the text of the proposed instrument, drafted on the basis of the first discussion at the International Labour Conference, is made available on the ILO website in the page of the relevant session of the International Labour Conference.
The blue report with the revised text, in light of the comments received, is made available on the ILO website in the page of the relevant session of the International Labour Conference.
Each member State has its own submission practice. Employers’ organizations will represent their members’ interests concerning the implementation of the newly adopted instruments.
Governments will consult with the representative employers’ and workers’ organizations where the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), has been ratified. Each State party to the Convention undertakes to operate procedures which ensure effective consultations between representatives of the government, of employers and of workers with respect to standards-related activities. These consultations have to be undertaken at appropriate intervals fixed by agreement, and at least once a year. The representatives of employers and workers have to be freely chosen by their representative organizations. Under Article 5, paragraph 1(b), of Convention No. 144, ratifying States have an obligation to hold effective consultations on the submission of ILS to the competent national authorities. These organizations should have at their disposal sufficiently in advance all the necessary elements in order to reach their opinions before governments finalize their decisions related to the implementation of the recently adopted ILS.
the main aim of submission is to promote measures at the domestic level for the implementation of Conventions and Recommendations. In the case of Conventions, the procedure also aims to promote ratification;
governments remain entirely free to propose any action which they may deem appropriate in respect of new ILS. The aim of submission is to encourage a rapid and responsible decision by each member State on instruments adopted by the International Labour Conference;
one purpose of the obligation of submission, which is a fundamental element of the ILS system, is to bring the new instruments to the knowledge of the public;
the competent national authority should normally be the legislature, since that is the authority in most countries able to “enact legislation”, as indicated in the ILO Constitution;
the obligation of submission applies to all instruments adopted by the International Labour Conference, without exception or distinction, so also to Protocols; and
fulfilment of the submission procedure is an important moment of dialogue among government authorities, social partners and parliamentarians.
Governments will consult with the representative organizations of employers and workers where the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), has been ratified. Each State party to the Convention undertakes to operate procedures which ensure effective consultations between representatives of the government, of employers and of workers with respect to standards-related activities. These consultations have to be undertaken at appropriate intervals fixed by agreement, and at least once a year. The representatives of employers and workers have to be freely chosen by their representative organizations. Under Article 5, paragraph 1(b), of Convention No. 144, ratifying States have an obligation to hold effective consultations on the submission of ILS to the competent national authorities.
Each member State has its own submission practice. Workers’ organizations will represent their members’ interests concerning the implementation of the newly adopted instruments.
Governments will consult with the representative organizations of employers and workers where the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), has been ratified. Each State party to the Convention undertakes to operate procedures which ensure effective consultations between representatives of the government, of employers and of workers with respect to standards-related activities. These consultations have to be undertaken at appropriate intervals fixed by agreement, and at least once a year. The representatives of employers and workers have to be freely chosen by the most representative organizations. Under Article 5, paragraph 1(b), of Convention No. 144, ratifying States have an obligation to hold effective consultations on the submission of ILS to the competent national authorities. These organizations should have at their disposal sufficiently in advance all the necessary elements in order to reach their opinions before governments finalize their decisions related to the implementation of the recently adopted ILS.
Under article 19, paragraphs 5-7, of the ILO Constitution, when instruments are adopted at a session of the International Labour Conference they are communicated to all member States for ratification in the case of Conventions, and for consideration with a view to giving effect to them in the case of Recommendations. In all cases, member States shall bring the newly adopted instruments to the authority or authorities within whose competence the matter lies for the enactment of legislation or other action. This is to be done as soon as possible, i.e. within one year or, in exceptional circumstances, no longer than 18 months from the closing of the International Labour Conference session in which the instrument was adopted.
Member States are also required to inform the Director-General, by sending a communication to the Office, about the submission to the competent national authorities within the prescribed time limits.
According to the established practice, the Office:
sends copies of newly adopted ILS to governments, immediately after the International Labour Conference adopts them;
sends copies of the same documents to the representative organizations of employers and workers;
addresses to all governments which have not supplied the information a letter of reminder, one year after the close of the session of the International Labour Conference at which the ILS were adopted; and
sends a further reminder, when 18 months have elapsed since the close of the relevant session of the International Labour Conference and the information has still not been supplied.
The list of ILS pending submission by each country is available in the NORMLEX database with country profiles.
Information on submission to the competent national authorities communicated to the Office is transmitted to the representative organizations of employers and workers, as required by article 23, paragraph 2, of the ILO Constitution. This fact – together with the names of the representative organizations of employers and workers to which the information has been transmitted and any observations received from them as to the effect given or to be given to the instruments submitted – should also be communicated by the government to the Office . This information is requested in the questionnaire included in the Memorandum of the Governing Body. Part VIII of the Memorandum and points VI and XI of the questionnaire are particularly relevant.
Employers, workers and their organizations are involved in the supervision by the CAS of the obligation to submit new instruments adopted by the International Labour Conference, when the “cases of serious failure by member States to respect their reporting and other standards-related obligations” under the ILO Constitution are discussed. The CAS identifies the cases for discussion on the basis of various criteria, including the following: no indication is available on whether steps have been taken to submit the instruments adopted during the last seven sessions of the International Labour Conference to the competent authorities, in accordance with article 19 of the ILO Constitution.
Information on submission sent by governments is received by the CEACR, which supervises compliance by member States with this obligation. Information on governments’ submission of ILS to the competent authorities, their failure to submit and/or failure to report on submission is contained in the CEACR report which is available on the ILO website. Appendices IV, V and VI provide details on compliance with this Constitutional obligation. All CEACR comments on submission can be found in NORMLEX.
The CAS takes up for discussion the most serious cases of failure to respect reporting and other standards-related obligations, including those on submission to the competent national authorities. Governments concerned are invited to provide information and to explain the delays in submission at a dedicated sitting. The CAS discussions and related conclusions are available on the ILO website.
