Employers' Handbook on ILO Standards-related Activities

THE IMPLEMENTATION OF ILS
Employers may also propose the exemption of certain branches, types of enterprises or
categories of workers, if the implementation of certain standards would cause serious
problems (see Chapter III).
In preparing their position and proposals, employers at national level have to try to
anticipate the impact of the proposed implementation on the operations and the competitiveness
of their member enterprises. For this, an analysis of the particular economic
situation and needs of member enterprises is of primary relevance. Additional
orientation on the likely effect of implementing a Convention may be obtained from
employers in other countries who have already gained experience in this regard. Finally,
statements made by employer representatives in the elaboration and supervision
of the Convention in question could give further guidance.
Implementation of ILO Conventions and Recommendations
Government action
Submission of newly adopted ILS to the
competent national authorities within
12 (18) months after the close of the ILC;
governments should inform and consult
with employers’ and workers’ organizations
on proposals to be made in
connection with the submission.
Ratification of a Convention by a government;
government involves employers
and workers in the implementation
process, as stipulated by the Convention
in question or by other ILO rules.
Non-ratification or non-implementation
of a new Convention or Recommendation;
governments should consult employers’
and workers’ organizations on
re-examination at appropriate intervals.
Employer involvement/action
Employers remind their government
of submission, if necessary;
they present their views and proposals
on any government suggestions
made in connection with
the submission.
Employers are informed of ratification;
they engage in the implementation
process (collective bargaining;
consultation on ways
and means of implementation).
Employers are informed of the decision
not to ratify or implement a
new Convention; they engage in
re-examinations and present their
views and proposals.
As stated before, Recommendations, by their nature, cannot be ratified. Apart
from that, what has been said above about the role of employers in the implementation
of Conventions applies equally to Recommendations.
Non-ratification of Conventions
Although the main feature of Conventions as distinct from Recommendations
is that they can be ratified, there is no obligation for member States to take this step
(art. 19, para. 5 (e), ILO Constitution): “If the Member does not obtain the consent of
the authority or authorities within whose competence the matter lies, no further obligation
shall rest upon the Member …”.
23