Employers' Handbook on ILO Standards-related Activities

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III. The creation of ILS General remarks The creation of ILS extends over several stages, beginning with the selection of standard-setting items and finishing with the adoption of a new Convention/Recommendation by the ILC. Employers’ and workers’ delegates participate on an equal footing with government delegates at every stage of this process. The selection of items for standard-setting The selection of items for new standards, together with the preceding preparation of respective proposals, is the first critical phase in the standard-setting process, for the following reasons: l In the past, the selection of an item for standard-setting has almost always led to the later adoption of (a) new ILS. l The preparation of an item, preceding selection, gives a certain direction to the standard-setting process, which is likely to be reflected in the final outcome. The body responsible for the selection of items for standard-setting is the ILO Governing Body (GB). The GB considers any suggestion made by national employers’ and workers’ organizations (art. 14, para. 1, ILO Constitution). It is also for the GB to make rules to ensure “a thorough technical preparation and adequate consultation of the Members primarily concerned, by means of a preparatory conference or otherwise …” (art. 14, para. 2, ILO Constitution). In practice, the GB selects items from a collection of standard-setting items, which is regularly updated by the ILO secretariat, taking into account recent developments. In updating the collection, the ILO secretariat is informed by direct annual consultations, comments and proposals from employers, workers and governments. Often, proposals originate from resolutions or conclusions adopted by the ILC or by ILO sectoral, regional or other meetings. (See box on following page.) One cannot overemphasize the importance of a thorough preparation of standardsetting proposals and a selection reflecting proper understanding and real consensus: these are preconditions for relevant and widely accepted ILS (see Chapter IX). For this reason, it is imperative that employers, particularly those represented in the Governing 13
14 EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES Selection of standard-setting items – questions to be asked l Is there a clear need to address a particular problem in social policy at international level? l Would standard-setting be the best means of addressing this problem (or are there other, more suitable means of action, e.g. a general discussion by the ILC, a code of Practice, technical cooperation, etc.)? l Is a future standard likely to be based on tripartite consensus and is it likely to be widely implemented? l Would standard-setting on a particular item contribute to harmonious economic development or might it negatively impact on the competitiveness/ viability of enterprises and the creation of employment? l If all these questions have been answered in the affirmative, would the adoption of a self-contained Recommendation suffice or would a potentially binding Convention be justified? Body, actively engage in the selection of standard-setting items as well as the preceding examinations and consultations. The elaboration and adoption of ILS Once a standard-setting item has been selected, the competence for its elaboration and possible adoption lies with the International Labour Conference (ILC). The respective procedures are governed by section E of its Standing Orders. As a rule, the setting of ILS follows the so-called double discussion procedure (Art. 39, Standing Orders of the ILC). Exceptionally, in cases of special urgency or in particular circumstances, the single discussion procedure is applied (Art. 38, Standing Orders of the ILC). Broadly speaking, the double-discussion procedure consists of each two rounds of written consultation, preparation of law/practice reports and draft instruments by the ILO secretariat, and tripartite discussion at the ILC. Elaboration and adoption of ILS – questions to be asked by employers l What would be the likely effect on employers in my country of a provision proposed for inclusion in an ILS in case of implementation/ratification of the ILS, anticipating, as far as possible, the way the provision could be translated into national law and practice? l If negative effects are to be expected, are there suitable alternatives which would be acceptable to other constituents? Would a more flexible wording solve the problem, or should the proposed provision not appear in the future instrument? l Are other provisions required, which could facilitate implementation for employers and enhance the impact of the future ILS? l Would the instrument as a whole meet the concerns of employers in my country?
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Subject matter Up-to-date instrumen
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