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.