Employers' Handbook on ILO Standards-related Activities

THE CREATION OF ILS
The scope and contents of the new instruments are refined at each step of the
procedure, with a view to making them acceptable to the majority of ILO constituents.
Several years generally elapse from the time when the decision is made to place an
item on the agenda of the ILC to the time when a new instrument is finally adopted (see
table on following page).
It is important that employers engage seriously in this phase of standard-setting in
order to have their concerns reflected in the final instruments (see boxes). In giving
their views and making their own proposals, they should pay particular attention to
explaining their reasons, since this is likely to enhance understanding and acceptance
of governments and workers. Moreover, employers should coordinate their views and
input with employer colleagues from other countries and seek, as far as possible,
agreement with government and workers in their home country.
ILO regulations provide for the following opportunities for employers’ and
workers’ engagement in the elaboration and adoption of ILS (see also Appendices 3
and 4):
l Governments, before finalizing their replies to the law/practice report and the
questionnaire, are requested to consult the most representative organizations of
employers and workers (art. 39, para. 1, Standing Orders of the ILC).
l Under Convention No. 144 concerning Tripartite Consultations to Promote the
Implementation of International Labour Standards, governments must consult
representative employers’ and workers’ organizations on their “replies to questionnaires
concerning items on the agenda of the International Labour Conference”
and their “comments on proposed texts to be discussed by the Conference” (Art. 5,
para. 1 (a)). These consultations are obligatory for governments of countries
which have ratified Convention No. 144.
l Employer and worker delegates to the ILC (art. 3, ILO Constitution) are entitled to
give their views and to vote in the first discussion, which usually leads to the
adoption of conclusions.
l Governments are requested to consult the most representative organizations of
employers and workers on the draft instruments prepared by the Office on the
basis of the first discussion at the ILC. In particular, employers’ and workers’ organizations
shall be asked “whether they have any amendments to suggest or comments
to make” (Art. 39, para. 6, Standing Orders of the ILC).
l Employer and worker delegates to the ILC (Art. 3, ILO Constitution) can participate
in the second discussion on the draft instruments, as well as in the final vote
on adoption of the resulting texts.
Universality and flexibility of ILS
The most important feature of ILS vis-à-vis national labour regulation is their
universality. This means that ILS should provide standards and social policy objectives,
which are realistic and useful for ILO member States at all stages of
development and in all regions of the world. In principle, all ILO member countries
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