Employers' Handbook on ILO Standards-related Activities

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V. The supervision of ILS General overview ILS supervision covers the various constitutional obligations arising for member States in connection with ILS. Its basic purpose is to promote proper implementation of ratified Conventions, in particular to raise shortcomings in their application and work towards correction. The centre of ILS supervision is the so-called regular supervision, which is complemented by special supervisory procedures. ILS supervision comprises legal assessment, tripartite scrutiny and, where appropriate, direct contacts and technical support to member States. It is based on the philosophy that the best implementation results will be achieved through dialogue, encouragement and advice/assistance. Sanctions (of a non-economic nature) have so far been applied only in exceptional cases. With its comprehensive and sophisticated procedures, the ILO supervisory system is probably one of the most efficient in the UN system. Employers and workers are not only an essential source of information for the ILS supervisory system, they also play a central role in the legal evaluation and correction of cases of non-compliance. Regular supervision Regular supervision is based on the systematic collection of relevant information. To this end, governments are required to send reports to the ILO containing information regarding the four following issues: 1. Submission of Conventions and Recommendations adopted by the ILC to the competent national authorities (art. 19, paras. 5 (c), 6 (c), 7 (a), (b) (iii), ILO Constitution) In this respect, governments should not only inform the ILO about the fact of submission, but also give particulars of the authority or authorities regarded as competent, as well as of the action taken by them (see also Chapter IV). 2. Effect given to ratified Conventions (Art. 22, ILO Constitution) Article 22 reports, which concern the obligation by ILO member States to implement a ratified Convention, can be considered as the core of the reporting system. Over time, a sophisticated system of reporting has been built up and developed further with a view to obtaining a maximum of relevant information, while 25
26 EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES Regular supervision – obligation to report on the submission of new Conventions and Recommendations to the competent national authorities Calendar August (Year 1) March (Year 2) June, exceptionally December (Year 2) ILO/government action ILO sends the texts of newly adopted instruments to governments; governments are obliged to submit these instruments to the competent authorities within 12 (18) months and to report on this to the ILO; they are also to consult representative organizations of employers and workers on proposals to be made to the competent authorities. ILO sends letter to national employers’ and workers’ organizations informing them, among other things, about the above obligations of their government. Deadline for submission of new instruments and for reporting to the ILO; copies of submission documents are to be sent to employers’ and workers’ organizations. Employer involvement/action Employers comment on government proposals to the competent authorities and present their suggestions. Employers are in a position to remind their government of its submission and reporting obligations, if necessary. containing the work load for governments and the ILO secretariat. The system distinguishes between first and second reports on the one hand and subsequent periodic and non-periodic reports on the other: ¡ First and second reports For all Conventions, a detailed report is requested upon its entry into force for a country (one year after ratification) and two years later (in certain circumstances, one year later). ¡ Subsequent periodic reports Subsequently, on certain Conventions, regarded as priority Conventions (Nos. 29, 81, 87, 98, 100, 105, 111, 122, 129, 138, 144, 182) reports are requested every two years. On all other Conventions, except shelved Conventions (see Chapter VI), simplified reports are requested every five years. ¡ Subsequent non-periodic reports In particular cases, the supervisory organs may also request detailed reports outside the above intervals. This might happen if comments are received from employers’ or workers’ organizations on the application of a particular Convention. Governments supply information on the basis of report forms approved by the GB. They are requested not only to present the legal situation, but also to describe
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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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APPENDIX 10 The report indicates, m
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Bureau for Employers'</stro
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