Purpose
This checklist is intended to help the social partners to carry out their functions and exercise their rights in a timely and efficient way in the context of the article 22 reporting process. The checklist is structured on a monthly basis and is complemented by a glossary, which explains some of the terminology frequently used.
For more detailed information, please consult the NORMLEX database where you can find a full set of information notably on ratifications, report requests, comments by the supervisory bodies, and reference to observations from the employers’ and workers’ organizations.
Role of social partners in reporting on ratified Conventions: a brief introduction
Employers’ and workers’ organizations play an important role in the functioning of the supervisory mechanisms of the ILO. The supervisory bodies have repeatedly emphasized the significance of their contribution with regard to improving the impact of the supervisory system and that such organizations may provide additional insights, in particular as regards the application in practice of ratified Conventions.
Article 23, paragraph 2, of the ILO Constitution requires governments to communicate copies of information and reports on the application of ratified Conventions to the representative organizations of employers and workers in the countries concerned. Employers’ and workers’ organizations may make observations on the subject matters of these reports and on compliance with the various obligations arising from ILO Conventions. This enables employers’ and worker’s organizations to participate actively in the implementation of international labour standards. Parties to the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), have specific obligations and are required to hold effective consultations at least once a year with such organizations on any questions arising out of article 22 reports.
Employers’ and workers’ organizations concerned may also comment on the national application of Conventions. Organizations concerned may be the representative ones referred to in the Constitution, as well as national central confederations, federations for particular branches of activities, local or regional organizations or even unions of a plant or plants. International occupational organizations, with or without consultative status with the ILO, are also entitled to make observations on the effect given to ratified ILO Conventions.
Comments by international organizations can be directly transmitted to the ILO, while those made by national organizations can either be transmitted directly to the ILO or through the government. Whenever observations are transmitted directly to the ILO, they are communicated to the government concerned to enable it to make any comments it may consider appropriate.
While observations can be made at any time and not only in connection with the government’s reports, the Committee of Experts on the Application of Conventions and Recommendations [Committee of Experts or CEACR] has emphasized that to enable an examination of observations submitted a particular year, such observations should be received by the Office by 1 September to allow governments to have a reasonable time to respond.
In order to reduce the delay involved in examining the observations sent by organizations of employers and workers, the Committee of Experts practice is to examine them as soon as the government’s comments have been received, irrespective of whether a report was due on the Convention. Comments from employers’ and workers’ organizations which simply repeat comments made in previous years or refer to matters already raised by the Committee of Experts will be examined with the normal cycle in the year when the government report is due and will not trigger a request for an out-of-cycle report. However, where a comment raises more serious allegations of important acts of non-compliance with a particular Convention the Committee of Experts will consider the comments in the year in which they are received. This is also the case regarding comments referring to important legislative changes, or to proposals, which have a fundamental impact on the application of a Convention or minor legislative proposal or draft laws where an early examination by the Committee of Experts may assist the government at the drafting stage. The Committee of Experts also proceeds to examine the substance of the comments if the government does respond in a reasonable time.
The report of the Committee of Experts provides the basic material for discussion within the tripartite Conference Committee on the Application of Standards [Conference Committe or CAS] held in June each year. Its content is thus of paramount interest to employers and workers’ organizations. The Conference Committee makes a choice of those points in the report, which may require special attention. The Committee of Experts may decide, in so called double footnotes, that certain cases should be selected for special consideration, but the final selection is made by the employer and worker members of the tripartite Conference Committee at the inception of the International Labour Conference.
The International Labour Office [Office], and in particular the Decent Work Technical Support Team covering each country, is at the disposal of governments and social partners to provide any technical assistance required in respect of reports due on ratified Conventions, the issues raised by the Committee of Experts in its comments, and the most effective way employers’ and workers’ organizations may contribute to the supervisory process.
How to use the tool
Select the month(s) you are interested in (at the top of this page or in the navigation bar to the left) and prepare your own checklist by answering the questions. An automatic feedback is provided for each selected answer. To print and/or download your checklist, click on “Submit” at the end of each page and then click on “Print” on the new one that opens.