January-February-2

ILO action

  • The Office prepares the yearly publication of the report of the Committee of Experts.
  • In February, the Office updates NORMLEX with observations and information on comments adopted by the Committee of Experts at the previous session.

Action by national administrations

  • Assisted by available information, including the preliminary information in NORMLEX, governments plan for and may initiate article 22 reporting work.
  • Some governments may start preparing first reports and regular reports due.

Action by social partners

    Do you know the different types of reports and comments you may wish to comment on?

    Excellent!

    Article 22 reports can be detailed or simplified. First reports on newly ratified Conventions are detailed reports and are based on the report forms approved by the Governing Body for each Convention. Subsequent, regular reports are normally simplified reports.
    Reports on fundamental and governance Conventions are requested every three years and reports on all other technical Conventions are requested every five years.
    The Committee of Experts can break the reporting cycle on certain conditions and call for out-of-cycle reports. The Committee of Experts may decide that such out of cycle reports should be detailed.
    The Committee of Experts examination of reports results in comments. Comments addressed directly to governments are called direct requests. Comments published in the Committee of Experts report are called observations.
    Reminder: As part of your preparations, please ensure that you have access to the report forms for the ratified Conventions. They are available in electronic format in NORMLEX, and printed copies can always be requested from the Office.

    Do you know where to get information on reports due and comments to respond to for the current year?

    Excellent!
    Reminder 1: The Committee of Experts comments are made available in NORMLEX in two steps: observations are uploaded in February and direct requests are uploaded in May each year.
    Reminder 2: As of 2012 the reporting cycle for fundamental and governance Conventions has been extended from two to three years. Please verify the situation for your country in NORMLEX.

    In April each year the ILO sends a copy of requests for reports due the current year to national organizations of employers and workers. This communication contains the information concerning your country, which will enable you to participate in the ILO supervisory activities. Information includes:
    (a) a list of Conventions ratified by your country on which reports should be sent by your Government to the ILO between 1 June and 1 September the current year;
    (b) a first set of copies of comments made by the Committee of Experts, which require a reply the current year from your Government;
    (c) an extract of the report of the latest session of the Committee of Experts referring to the role of employers’ and workers’ organizations in the supervisory process and to comments submitted by those organizations; and
    (d) a second set of copies of comments by the Committee of Experts for which a reply is due in subsequent years.
    Provided you have access to the Internet, this information is also available in NORMLEX.
    Reminder 1: Committee of Experts comments are made available in NORMLEX in two steps: observations are uploaded in February and direct requests are uploaded in May each year.
    Reminder 2: As of 2012 the reporting cycle for fundamental and governance Conventions has been extended from two to three years. Please verify the situation for your country in NORMLEX.

    Are you aware of the constitutional obligations concerning the involvement of the social partners?

    Excellent!

    According to article 23, paragraph 2, of the ILO Constitution governments are required to communicate copies of all article 22 reports to the representative organizations of employers and workers. These are the same organizations that may participate at the International Labour Conference according to article 3 of the ILO Constitution. As article 23, paragraph 2, does not specify the time for this communication, it should at the latest be done when the reports are sent to the ILO. These reports are due between 1 June and 1 September.

    Are you aware of the specific obligations for countries that are parties to the Tripartite Consultations (International Labour Standards) Convention, 1976 (No. 144)?

    Excellent!

    According to its articles 2 and 5 (2)(c) parties to Convention No. 144 are required to “operate procedures which ensure effective tripartite consultations” on, inter alia, “questions arising out of article 22 reports”.

    Do you know the first reports that are due the current year for your country?

    Excellent! You can verify the situation in NORMLEX.
    Reminder: First reports are always detailed reports and are aimed at providing a full picture of the situation in your country on matters covered by the ratified Convention. First reports therefore merit special attention by employers’ and workers’ organizations.

    Newly ratified Conventions will enter into force one year after the date of ratification and first reports will be requested from governments in February the following year. Example: If a country ratified a Convention on 12 December 2013, it will enter into force for this country on 12 December 2014. A request to submit a first report will be addressed to the government in February/March 2015, which then is due by 1 September the same year. You can verify the situation in NORMLEX.
    Reminder: First reports are always detailed reports and are aimed at providing a full picture of the situation in a country on matters covered by the ratified Convention. First reports therefore merit special attention by employers’ and workers’ organizations.

    Are you aware of the significance of flexibility clauses in ILO Conventions?

    Excellent!
    Reminder: You are well advised to verify if Conventions that are newly ratified in your country contain any flexibility clauses.

    Flexibility clauses are provisions in the Conventions which allow governments to limit the scope of application of a Convention in certain defined ways. If governments intend to exercise their right to use such flexibility clauses, they are required to:
    (a) follow the procedure required in the Convention which often includes holding consultations on this issue with the representative organizations of employers and workers concerned; and
    (b) indicate in the first report the extent to which recourse has been made of these flexibility devices.
    Reminder 1: First reports must indicate the extent to which recourse has been made of these flexibility devices, since if they don’t, governments will be precluded from applying them.
    Reminder 2: You are well advised to verify if Conventions that are newly ratified in your country contain flexibility clauses.

    Do you know what regular reports should contain?

    Excellent!
    Reminder: Regular reports are normally simplified reports. The Committee of Experts may, however, decide that a regular report should be a detailed report. Such decisions are contained in simple footnotes to comments by the Committee of Experts.

    Normally, the regular reports after the first report should be simplified.
    Simplified reports should contain:
    (a) replies to any pending comments of the supervisory bodies;
    (b) any new legislative or other measures affecting the application of the Convention (new in this respect means intervening after the submission of the previous report);
    (c) replies to the questions in the report form on the practical implementation of the Convention, such as statistical and other information; and
    (d) information on the representative organizations of employers and workers to whom copies of the report have been sent and on any observations received from these organizations.
    Reminder: The Committee of Experts may decide to request that a regular report should be a detailed report. Such decisions are contained in simple footnotes to comments by the Committee of Experts.

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