Recapitulation (17.02.05)

1
Recapitulation (17.02.05)

• If national legislation is more favourable, it
  should be implemented
• If the national legislation is not fully
  respected by the govt., we can refer the ILO
  conventions.

2
ILO instruments

• Conventions and recommendations
• ILO supervisory mechanisms
• Follow-up under the ILO declaration on F.P.R.W
• secures the protection
  of basic rights
• ILO defines the scope of
  application of fund. Pr.
• helps in setting legal
  framework (eg.OSH)
• FOA Even if a country does not ratify the
  conventions, it does not impede that we cannot
  file a complaint to the Committee on Freedom of
  Association.

3
How to use ratified conventions?

• Refer to the ILO conventions in negotiation
• Go to court
• Report to the committee of experts
• Complaint to the CFA
• Why to ratify a new convention?
• To further improve national legislation
• To put international pressure on the government
• To protect from regressive changes in the
  national law
• To have more social dialogue

4
Supervisory mechanism

• Regular system
• Special mechanism
• Regular system (reporting) (article22)
• Every govt. has the obligation to report to the
  ILO on the convention that it has ratified
• Govt. should send copies of its report to the
  most representative workers and employers
  organisation
• If any ratified convention not implemented, the
  trade union can directly report to the ILO

5
Supervisory mechanism

• Periodicity of reporting
• Fundamental and priority conventions (84)
  once in
• 2 yrs
• Other conventions once in 5 yrs.
• Dead line for reporting 1st Sept. of the
  reporting year
• A country if failed to report can be called upon
  by the conference committee
• No e-mail accepted. Signature of the unions
  representative is essential
• Any workers organisation can report

6
Supervisory mechanism

• The reports
• should mention the national legislation
• Should be in detail (statistical data)
• If any language problem, the local ILO office or
  the international unions (ICFTU, WCL, GUf) can be
  approached for help
• Are sent to
• Committee of experts
• Tripartite committee on the application of
  standards

7
Committee of experts

• 20 persons, each assigned for particular
  convention
• Independent, impartial, objective
• All of them discuss their comments
• Observation on more serious violation
• Direct request more technical- asking more
  information from the government.
• If any contradiction between the govt. and
  workers report, then the committee takes action
  swiftly

8
Tripartite conference committee on the
application of standards

• The comments of experts on serious violations
  will be referred to the tripartite conference
  committee on the application of standards
• It is a political body comprising of govt.,
  workers and employers
• The country which is observed to have much
  problem has to explain before the tripartite
  conference committee on the application of
  standards
• This can be used by the workers organisation for
  compromise through negotiation

9
Group work

• Report writing to the ILO

10
Special procedures of supervisory mech.

• If the convention is ratified
• Representation (article24)
• Complaint (article26)
• Whether or not the FOA convention is ratified
• Complaint to CFA

11
Representation (article24)

• Should be in writing
• Emanate from an industrial organisation of
  workers or employers
• Specifically refer to article 24 of the ILO
  constitution
• Member of ILO
• Refer to the concerned ratified convention
• Indicate in what respect the member has not
  ensured the effective observance of the
  convention within its jurisdiction
• It is the easiest tool to bring the case to ILO

12
Complaint (article 26)

• Should be in writing
• Specifically refer to article 26 of the ILO
  constitution
• Who can file a complaint?
• Any state that has ratified the convention
• Governing body
• International Labour Conference delegates
• Complaint is taken to the governing body which
  may appoint the commission of enquiry (3 persons).