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Article 24 – When employers’ or workers’ organizations make a representation to the Office that a member State has not observed a ratified Convention.

1. The representation by employers’ or workers’ organizations is made
   • A representation can be made about ineffective observance of any ratified Convention.
   • Employers’ or workers’ organizations can make a representation.
   • Employers’ or workers’ organizations can make a representation.
2. The representation is received and brought before the Governing Body for decision on receivability
   • A representation is received by the Office to be conveyed on to the Governing Body to determine receivability.
3. The Governing Body refers to an ad hoc tripartite committee or the CFA
   • If found to be receivable, the Governing Body refers the matter for examination.
   • The complainant organization is informed of the Governing Body decisions on receivability and referral.
   • The government concerned is informed of the Governing Body decision on receivability and referral.
   • The complainant organization is informed of the Governing Body decisions on receivability and referral.
4. The ad hoc tripartite committee examines, considering voluntary conciliation
   • The ad hoc tripartite committee examines the substance of the representation, with the possibility to suspend the procedure if the parties agree to optional voluntary conciliation, and reports back to the Governing Body.
   • The complainant organization normally provides information.
   • The government concerned responds appropriately to communications from the ad hoc tripartite committee.
   • The complainant organization normally provides information.
5. The CFA examines the representation
   • The CFA examines the representation relating to a ratified Convention concerning freedom of association or collective bargaining.
6. Follow-up of the representation through regular supervision
   • The CEACR normally follows up on recommendations made by the ad hoc tripartite committee, as adopted by the Governing Body.

Article 26 – When ratifying member States or delegates to the International Labour Conference file a complaint with the Office alleging that a member State has not observed a ratified Convention. The Governing Body considers appropriate action to secure the observance of the ratified Convention and may at any time decide, also of its own motion, to establish a Commission of Inquiry to consider the complaint and to report thereon.

1. The complaint alleging non-observance is filed
   • A complaint can be filed about ineffective observance of any ratified Convention.
   • Any government, employers’ or workers’ member can file a complaint while they are delegates at the International Labour Conference.
   • Any government, employers’ or workers’ member can file a complaint while they are delegates at the International Labour Conference.
   • Any government, employers’ or workers’ member can file a complaint while they are delegates at the International Labour Conference.
2. The Office receives the complaint by member States
   • The Office receives the complaint by a member State.
3. The Governing Body may refer the complaint to a COI
   • The Governing Body has latitude in deciding how a complaint will be treated.
   • The Employers’ and Workers’ groups are actively involved in deliberations within the Governing Body.
   • The government concerned may provide a statement if so requested.
   • The Employers’ and Workers’ groups are actively involved in deliberations within the Governing Body.
4. The COI examines the complaint
   • Each COI establishes its own working methods for examining a complaint and prepares a report with findings and recommendations.
   • Governments are required to cooperate with a COI.
5. The CFA examines the complaint
   • Complaints referred to the CFA are treated according to the CFA procedures, and reported upon to the Governing Body as such, with follow-up by the CEACR as appropriate.
6. The COI report is published and actions are required
   • Once the report of a COI is published, actions are required on it.
   • If a complaint has been initiated by Employers’ or Workers’ delegates, their respective groups become consulting actors after the Governing Body has appointed a COI and the report is published.
   • The government concerned may accept the recommendations of the COI or propose referral of the complaint to the ICJ.
   • If a complaint has been initiated by Employers’ or Workers’ delegates, their respective groups become consulting actors after the Governing Body has appointed a COI and the report is published.
7. The ICJ decides
   • The ICJ finally decides any complaint referred to it.
8. The Governing Body may recommend action to the International Labour Conference
   • The Governing Body may recommend action to the International Labour Conference when a government fails to implement recommendations of a COI or the ICJ.
     
     • Practice on the use of article 33 of the ILO Constitution
9. Follow up of the complaint through regular supervision.
   • The implementation of the recommendations of a COI falls under the mandate of the regular supervisory bodies.

1. The complaint alleging violation of freedom of association and collective bargaining is lodged
   • 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.
     • Fact-Finding and Conciliation Commission on Freedom of Association.
   • A complaint to the CFA from workers’ organizations must be receivable.
   • A complaint to the CFA is always brought against a government.
   • A complaint to the CFA from employers’ organizations must be receivable.
2. The government provides observations
   • The Office informs the government against whom the allegations are made and asks for its observations.
   • The complainant organization may amplify allegations.
   • The government provides observations on allegations, supported by documentary evidence. A hearing of the parties may exceptionally occur.
   • The complainant organization may amplify allegations. Employers’ organization can also provide information to the government.
3. On-the-spot missions are possible
   • Recourse to preliminary contacts, direct contacts or tripartite missions may be had.
4. The CFA examines the complaint
   • The CFA considers the allegations and reaches conclusions and recommendations on the basis of consensus.
   • Views of the Workers’ group are considered in the CFA.
   • The government uses formal channels to communicate with the CFA subsequent to providing observations on the allegations.
   • Views of the Employers’ group are considered in the CFA.
5. The Governing Body approves the CFA report
   • The Governing Body receives and normally approves the CFA report with conclusions and recommendations, sending the matter on for follow-up as appropriate.
   • The complainant organization can follow up on measures taken to implement recommendations of the CFA.
   • The government provides information on measures taken to implement recommendations of the CFA.
   • The complainant organization can follow up on measures taken to implement recommendations of the CFA. The employers’ organization provides information.