ILS & HR PROGRAMME/TURIN CENTRE ILO SUPERVISORY MECHANISMS (From actrav courses) ILO SUPERVISORY MECHANISMS (From actrav courses) regular system of supervision.

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Presentation transcript:

ILS & HR PROGRAMME/TURIN CENTRE ILO SUPERVISORY MECHANISMS (From actrav courses) ILO SUPERVISORY MECHANISMS (From actrav courses) regular system of supervision special systems of supervision involve cases of specific allegations against a member State is based on the ratification of a Convention and a reporting obligation on the measures taken to give effect to its provisions

ILS & HR PROGRAMME/TURIN CENTRE Article 22 of the ILO Constitution obligation to submit reports on the measures taken to give effect to the provisions of a ratified Convention, both in law and practice obligation to send copies of the reports on ratified Conventions to the most representative workers and employers organizations Article 23, paragraph 2 of the ILO Constitution REGULAR SYSTEM OF SUPERVISION

ILS & HR PROGRAMME/TURIN CENTRE every 2 years for fundamental and priority Conventions: unless w/e comments every 5 years for other Conventions: unless w/e comments Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Right to Organise and Collective Bargaining Convention, 1949 (No. 98) Forced Labour Convention, 1930 (No. 29) Abolition of Forced Labour Convention, 1957 (No. 105) Employment Policy Convention, 1964 (No. 122) Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) Equal Remuneration Convention, 1951 (No. 100) Discrimination (Employment and Occupation) Convention, 1958 (No. 111) Minimum Age Convention, 1973 (No. 138) Worst Forms of Child Labour Convention, 1999 (No. 182) Labour Inspection Convention, 1947 (No. 81) Labour Inspection (Agriculture) Convention, 1969 (No. 129) PERIODICITYPERIODICITY

ILS & HR PROGRAMME/TURIN CENTRE COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS independent, impartial and objectives 20 persons characteristics appointed by the Governing Body upon proposal made by the Director-General with eminent qualifications in the legal or social fields appointed for 3 year term, being renewable decisions taken unanimously, although majority required sittings held in private documentary evidence

ILS & HR PROGRAMME/TURIN CENTRE TRIPARTITE CONFERENCE COMMITTE ON THE APPLICATION OF STANDARDS usually well over 150 members characteristics from the three groups of delegates and advisers decisions taken by consensus, although voting is required specially established to examine and discuss the CEACRs Report provides opportunity for direct international dialogue on the implementation of international labour standards

ILS & HR PROGRAMME/TURIN CENTRE PROCEDUREPROCEDURE COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS Direct requests sent to the government and the social partners in the country concerned CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS Report submitted to the plenary sitting of the INTERNATIONAL LABOUR CONFERENCE Governments information and reports 1st June – 1st September June November & December February Observations published in its Report Social partners comments INTERNATIONAL LABOUR OFFICE March June

ILS & HR PROGRAMME/TURIN CENTRE SPECIAL SYSTEMS OF SUPERVISION 1. representations under Article 24 of the ILO Constitution 2. complaints under Article 26 of the ILO Constitution 3. freedom of association procedure allegations may be brought against member States even if they have not ratified the Convention concerned both require that the Convention concerned be ratified

ILS & HR PROGRAMME/TURIN CENTRE In order to be receivable, the representation must: be in writing emanate from an industrial organization of workers or employers specifically refer to Article 24 of the ILO Constitution concern a member of the ILO refer to a ratified Convention indicate in what respect the member has not ensured the effective observance of the Convention within its jurisdiction REPRESENTATION (ART. 24)

ILS & HR PROGRAMME/TURIN CENTRE REPRESENTATION PROCEDURE (ART. 24) TRIPARTITE AD HOC COMMITTEE report with conclusions and recommendations Workers or employers organization COMMITTEE ON FOA if the representation Involves FOA GOVERNING BODY decides on receivability INTERNATIONAL LABOUR OFFICE decides whether to publish the representation and any government reply the decision is communicated to the organization and government concerned GOVERNING BODY examines the report and deliberates

ILS & HR PROGRAMME/TURIN CENTRE COMPLAINT PROCEDURE (ART. 26) International Labour Conference delegate Governing Body Any ratifying member State GOVERNING BODY COMMISSION OF INQUIRY report including conclusions and recommendations GOVERNING BODY if the government implements the recommendations if the government does not accepts the recommendations CEACR follows up on the implementation of the recommendations may refer the complaint to theCIJ for a final decision