Employers' Handbook on ILO Standards-related Activities

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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
24 EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES This provision implies the following options/scenarios: l A member State intends to ratify a Convention after it has brought national law and practice into line with the provisions of the Convention. This is often a gradual process leading to ratification only after a (longer) period of time, particularly when the adaptations to be made involve a rise of labour standards which depend on higher productivity levels. l A member State sees ratification of a Convention as generally inappropriate. This does not necessarily mean that the Member disagrees with the main objectives of the Convention. Minor disparities or peculiarities in domestic law and practice, such as the distribution of legislative competence in Federal States, often lead to a government’s decision not to ratify. Law and practice may nevertheless be broadly in compliance with the substantial principles of a Convention. If the competent authorities do not consent to ratify a new Convention, employers’ and workers’ organizations must be informed of this decision (art. 23, para. 2, ILO Constitution, see Chapter V). In addition, governments should consult employers’ and workers’ organizations on “the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification as appropriate” (Art. 5, para. 1 (c) of Convention No. 144; para. 5 (d) of Recommendation No. 152). These consultations are obligatory for governments of countries having ratified Convention No. 144. See also: l ILO: List of ratifications by Convention and by country (as at 31 December), Report III (Part 2), International Labour Conference (Geneva, issued yearly). IOE: Analysis of Ratifications of ILO Conventions (1970-1996) (November 2000). l
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Subject matter Up-to-date instrumen
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APPENDIX 7 ferences in 1994 and 199
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Employers' Handbook on ILO Standards-related Activities

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