pks/rlipks/rli 11
ILO – as part of ILO – as part of
treaty OF treaty OF
VERSAILLES after VERSAILLES after
world war I IN 1919world war I IN 1919
P. K. SAXENAP. K. SAXENA
ILOILO
REFLECT THE BELIEF THAT REFLECT THE BELIEF THAT
UNIVERSAL AND LASTING PEACE UNIVERSAL AND LASTING PEACE
CAN BE ACCOMPLISHED BASED ON CAN BE ACCOMPLISHED BASED ON
SOCIAL JUSTICESOCIAL JUSTICE
SPECIALIZED AGENCY OF UN IN 1946SPECIALIZED AGENCY OF UN IN 1946
pks/rlipks/rli 22
pks/rlipks/rli 33
INTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATION
was created in 1919
is a United Nations specialised agency
has 187 member States
is the only worldwide organization founded on a tripartite structure
pks/rlipks/rli 44
ILO OBJECTIVES AND PRINCIPLESILO OBJECTIVES AND PRINCIPLES
Universal and lasting peace can be established only if it is based upon social justice
Labour is not a commodity
Freedom of expression and association are essential to sustained progress
The war against want requires to be carried on with unrelenting vigor within each nation,
and by continuous and concerted international effort in which the representatives of
workers and employers, enjoying equal status with those of governments, join with them
in free discussion and democratic decision with a view to the promotion of common welfare
Preamble to the ILO Constitution / Declaration of PhiladelphiaPreamble to the ILO Constitution / Declaration of Philadelphia
pks/rlipks/rli 55
means active interaction among the governments, workers
and employers as representative, equal and independent social
partners
the tripartite structure of the ILO enables the representatives of
workers and employers to participate on an equal footing with those
of governments in all discussions and decision-making
PRINCIPLE OF TRIPARTISMPRINCIPLE OF TRIPARTISM
pks/rlipks/rli 66
ILOILO
ESTABLISHED ON 11 APRIL 1919 BY ESTABLISHED ON 11 APRIL 1919 BY
ADOPTION OF CONSTITUTION BY ADOPTION OF CONSTITUTION BY
PARIS PEACE CONFERENCEPARIS PEACE CONFERENCE
INDIA FOUNDER MEMBERINDIA FOUNDER MEMBER
149 MEMBERS IN 1991 / 187 NOW149 MEMBERS IN 1991 / 187 NOW
11
stst
SPECIALISED AGENCY SPECIALISED AGENCY
ASSOCIATED WITH UNITED NATIONSASSOCIATED WITH UNITED NATIONS
pks/rlipks/rli 77
ILOILO
MAJOR FUNDING BODIESMAJOR FUNDING BODIES
UNITED NATION FUND FOR UNITED NATION FUND FOR
POPULATION ACTIVITIESPOPULATION ACTIVITIES
MULTI BILATERAL ASSISTANCE MULTI BILATERAL ASSISTANCE
OF DONOR COUNTRIESOF DONOR COUNTRIES
ILO REGULAR BUDGETILO REGULAR BUDGET
WORLD BANK / REGIONAL WORLD BANK / REGIONAL
DEVELOPMENT BANKDEVELOPMENT BANK
pks/rlipks/rli 88
STRUCTURESTRUCTURE
TRIPARTITETRIPARTITE
GOVERNMENT
EMPLOYER
WORKER
pks/rlipks/rli 99
STRUCTURESTRUCTURE
INTERNATIONAL INTERNATIONAL
LABOUR LABOUR
CONFERENCECONFERENCE
GOVERNING GOVERNING
BODYBODY
INTERNATIONAL INTERNATIONAL
LABOUR OFFICELABOUR OFFICE
pks/rlipks/rli 1010
4 delegates per member States
International Labour Conference
Governing Body
International Labour Office
1 workers’
delegate
1 employers’
delegate
2 governments
delegates
14 workers’
representatives
14 employers’
representatives
28 governments
representatives
ILO STRUCTUREILO STRUCTURE
pks/rlipks/rli 1111
INTERNATIONAL LABOUR INTERNATIONAL LABOUR
CONFERENCECONFERENCE
MEMBER STATE MEET IN JUNE AT MEMBER STATE MEET IN JUNE AT
GENEVA, SWITZERLANDGENEVA, SWITZERLAND
REPRESENTATIONS-----GOVT. ---2, REPRESENTATIONS-----GOVT. ---2,
EMP.—1, WORKER / ADVISORS--1EMP.—1, WORKER / ADVISORS--1
TASKS
*ADOPTION OF INTERNATIONAL LABOUR STANDARD
CONVENTION—174 , RECOMMENDATIONS-182
*APPROVAL OF WORK PROGRAMME
*BUDGET FOR 2 YEARS
*GENERAL POLICY / FUTURE ACTIVITIES
*FORUM OF DISCUSSION ON LABOUR QUESTIONS
pks/rlipks/rli 1212
GOVERNING BODYGOVERNING BODY
EXECUTIVE COUNCIL OF ILO--- EXECUTIVE COUNCIL OF ILO---
(HEAD-DG, MANG-14, GOVT-28, LAB-(HEAD-DG, MANG-14, GOVT-28, LAB-
14 )------10 PT. MEMBERS14 )------10 PT. MEMBERS
ELECTED EVERY 3 YEARSELECTED EVERY 3 YEARS
MEET 3 TIMES PER YEARMEET 3 TIMES PER YEAR
ESTABLISH AGENDA, TAKE NOTE OF ESTABLISH AGENDA, TAKE NOTE OF
DECISION, DIRECT ACTIVITIES OF DECISION, DIRECT ACTIVITIES OF
INTERNATIONAL OFFICEINTERNATIONAL OFFICE
pks/rlipks/rli 1313
INTERNATIONAL LABOUR INTERNATIONAL LABOUR
OFFICEOFFICE
SECRTARIATSECRTARIAT
PREPARE DOCUMENT AND REPORT FOR PREPARE DOCUMENT AND REPORT FOR
CONFERENCECONFERENCE
RECRUITS AND GUIDES ILO’S TECHNICAL RECRUITS AND GUIDES ILO’S TECHNICAL
COOPERATION EXPERTCOOPERATION EXPERT
WORK CLOSELY WITH ALL THREEWORK CLOSELY WITH ALL THREE
PUBLICATIONS / PERIODICALSPUBLICATIONS / PERIODICALS
RESEARCH AND DOCUMENTATIONS RESEARCH AND DOCUMENTATIONS
CENTRECENTRE
pks/rlipks/rli 1414
standard-setting activities
technical cooperation
research and information
ILO MEANS OF ACTIONILO MEANS OF ACTION
elaboration and adoption of international labour standards
supervision of member States application of international labour standards
promotion of the objectives established by international labour standards
pks/rlipks/rli 1515
Employment
Social policy
Basic human rights
Industrial relations
Social security
Employment of women
Labour administration
Conditions of work
Employment of children and young persons
Migrant workers
Indigenous and tribal people
Other special categories of workers
FIELDS COVERED BY ILSFIELDS COVERED BY ILS
pks/rlipks/rli 1616
are international treaties
when ratified, are legally binding
if not ratified, could represent legal objectives and influence national legislation
are technical or promotional
185 Conventions (as of today)
Conventions
Recommandations
are not open to ratification
are not legally binding
provide guidelines on national policy and practice
195 Recommendations (as of today )
ILS FORMS ILS FORMS
pks/rlipks/rli 1717
STANDARDSSTANDARDS ---NO LEGAL STATUS/ FORM BASIS OF ---NO LEGAL STATUS/ FORM BASIS OF
CONTRACT / CLASSIFIED ASCONTRACT / CLASSIFIED AS
SUBJECT
ASPECTS LEVEL
ENGG
BUILDING
FOOD
SCIENCE, ETC
INTERNATION
AL
NATIONAL
REGIONAL
PARTICULAR
INDUSTRY
COMPANY
TERMINOLOGY
SPECIFICATIONS
SAMPLING
INSPECTION, /TEST
pks/rlipks/rli 1818
GROUP OF STANDARDSGROUP OF STANDARDS
UNIT OF MEASUREMENTUNIT OF MEASUREMENT
MATERIAL SPECIFICATIONSMATERIAL SPECIFICATIONS
DESIGN STANDARDSDESIGN STANDARDS
APPLICATION STANDARDAPPLICATION STANDARD
SAFETYSAFETY
MANUFACTURINGMANUFACTURING
pks/rlipks/rli 1919
OTERSOTERS
CODES-CODES-----provide general guidance, provide general guidance,
design parameters, modes of design parameters, modes of
operation and reference to standards operation and reference to standards
for detailsfor details
CODES OF CODES OF PRACTICE—detailed PRACTICE—detailed
technical rules proposed for specific technical rules proposed for specific
branch of activity or particular hazardbranch of activity or particular hazard
LAWSLAWS--- --- legal backinglegal backing
pks/rlipks/rli 2020
othersothers
REGULATIONSREGULATIONS------to provide to provide
information's applicable to majority information's applicable to majority
covering all matters of fieldcovering all matters of field
GUIDES AND MANUALS-GUIDES AND MANUALS- ---- practical ---- practical
ways with illustrated text of solving ways with illustrated text of solving
various problems at plant or work various problems at plant or work
levellevel
pks/rlipks/rli 2121
CONVENTIONSCONVENTIONS
A convention is a legal document, A convention is a legal document,
regulation, some aspects of labor regulation, some aspects of labor
administration, social obligations by administration, social obligations by
virtue of its ratification by the member virtue of its ratification by the member
state concernedstate concerned
*RATIFICATION BY MEMBER COUNTRY
*MEMBER TO INFORM DG OF ILO ABOUT ACTION TAKEN
*GOVT. TO REGULAR REPORT TO ILO ON ITS APPLICATION
**INTIMATE DIFFICULTIES PREVENTING OR DELAYING
RATIFICATION
pks/rlipks/rli 2222
RECOMMENDATIONSRECOMMENDATIONS
IT IS COMPLEMENTARY TO A IT IS COMPLEMENTARY TO A
CONVENTION EXCEPT THAT IT IS NOT CONVENTION EXCEPT THAT IT IS NOT
SUBJECT TO RATIFICATION. THESE SUBJECT TO RATIFICATION. THESE
AMPLIFY CONVENTIONS OR DEAL WITH AMPLIFY CONVENTIONS OR DEAL WITH
QUESTIONS WHICH DO NOT CALL FOR QUESTIONS WHICH DO NOT CALL FOR
FORMAL OBLIGATIONS. AIM IS TO SERVE FORMAL OBLIGATIONS. AIM IS TO SERVE
AS GUIDE LINES FOR NATIONAL POLICY AS GUIDE LINES FOR NATIONAL POLICY
IN GIVEN FIELDIN GIVEN FIELD
COMMUNICATED TO MEMBERS FOR COMMUNICATED TO MEMBERS FOR
CONSIDERATIONCONSIDERATION
pks/rlipks/rli 2323
INTERNATIONAL LABOR INTERNATIONAL LABOR
CODECODE
TEXT PREPARED BY ILOTEXT PREPARED BY ILO
TAKE FORM OF CONVENTION AND TAKE FORM OF CONVENTION AND
RECOMMENDATIONS IF ADOPTED RECOMMENDATIONS IF ADOPTED
BY CONFERENCEBY CONFERENCE
pks/rlipks/rli 2424
tripartism
Universality
Flexibility
Subject to supervisory mechanisms
ILS CHARACTERISTICSILS CHARACTERISTICS
pks/rlipks/rli 2525
PROCESS OF ADOPTION PROCESS OF ADOPTION
OF CONVENTIONOF CONVENTION
AND RECOMMENDATIOPNSAND RECOMMENDATIOPNS
pks/rlipks/rli 2626
PROCESS OF ADOPTION PROCESS OF ADOPTION
OF CONVENTIONOF CONVENTION
pks/rlipks/rli 2727
Governing Body
Suggestions from Gvts,
Workers, Employers, ILO
Office, UN Agencies, etc. Participation
Governments Consultation
Governments
Tripartite Conference Committee
FIRST DISCUSSION
Consultation
Participation
Governments
Tripartite Conference Committee
SECOND DISCUSSION
Consultation
Conference Plenary
ADOPTION
Participation
Participation
Governments Consultation
ILO Office III Report
ILO Office IV Report
ILO Office II Report
ILO Office I
Report
DOUBLE-DISCUSSION PROCEDUREDOUBLE-DISCUSSION PROCEDURE
pks/rlipks/rli 2828
FUNCTIONS OF ILOFUNCTIONS OF ILO
CREATED TO PROMOTE SOCIAL CREATED TO PROMOTE SOCIAL
PROGRESSPROGRESS
WORKING OUT POLICIESWORKING OUT POLICIES
PROTECT FUNDAMENTAL RIGHTS OF PROTECT FUNDAMENTAL RIGHTS OF
WORKERSWORKERS
ACHIEVE FULL EMPLOYMENT, RAISE ACHIEVE FULL EMPLOYMENT, RAISE
LIVING STANDARD, SHARE FRUITS OF LIVING STANDARD, SHARE FRUITS OF
PROGRESSPROGRESS
PROMOTE COOPERATION BETWEEN PROMOTE COOPERATION BETWEEN
WORKERS AND EMPLOYER WORKERS AND EMPLOYER
pks/rlipks/rli 2929
OBJECTIVESOBJECTIVES
PROTECT LIFE AND HEALTH OF PROTECT LIFE AND HEALTH OF
WORKERSWORKERS
STIMULATE ORGANISATIONS—G, W, ESTIMULATE ORGANISATIONS—G, W, E
STANDARD SETTING AND RESEARCH FOR STANDARD SETTING AND RESEARCH FOR
IMPROVING CONDITION OF LIFE OF IMPROVING CONDITION OF LIFE OF
WORKERSWORKERS
*CONVENNTION AND RECOMMENDATIONS
*MODEL CODES OF REGULATIONS
*CODES OF PRACTICE
*CODES / GUIDES / HANDBOOKS
pks/rlipks/rli 3030
OBJECTIVESOBJECTIVES
EXCHANGE OF TECHNICAL EXCHANGE OF TECHNICAL
INFORMATIONS AND RESEARCHINFORMATIONS AND RESEARCH
*ASSIGNMENT OF EXPERT
*ADVISING GOVT. AND INDUSTRY
*ASSISTANCE IN PRESENTATION OF
LEGISLATION AND ITS REVISION
*GRANT FELLOWSHIP
TECHNICAL CO OPERATION
ACTIVITIES
pks/rlipks/rli 3131
ILO TASKSILO TASKS
STANDARD SETTING-C/155STANDARD SETTING-C/155
*TO IMPROVE WORKING CONDITIONS
BY BUILDING C AND R
*TECHNICAL COOPERATION THROUGH ILO EXPERT
*ILO CONFERENCE DIRECTED ILO TO TAKE ADEQUATE
MEASURES IN 1990 TO PROTECT WORKING AND
GENERAL ENVIRONMENT
*CONVENTION 155 ON OCCUPATIONAL SAFETY LAYS
DOWN PRINCIPLES FOR OCCUPATIONAL SAFETY
AND HEALTH OF ALL WORKERS IN ALL OCCUPATIONS.
IT PRESCRIBES STANDARD FOR POLICY, LEGISLATION
EMPLOYERS LIABILITY AND DUTIES & RIGHT OF WORKERS
pks/rlipks/rli 3232
ILO TASKS---C/ 170ILO TASKS---C/ 170
CONVENTION 170 ON CHEMICAL SAFETY CONVENTION 170 ON CHEMICAL SAFETY
AIM TO REDUCE INJURIES / ILLNESS DUE AIM TO REDUCE INJURIES / ILLNESS DUE
TO CHEMICALSTO CHEMICALS
COVERS ALL ASPECTS OF CHEMICALS COVERS ALL ASPECTS OF CHEMICALS
FROM PRODUCTION, HANDLING, FROM PRODUCTION, HANDLING,
STORAGE, TRANSPORT AND DISPOSALSTORAGE, TRANSPORT AND DISPOSAL
CLASSIFICATION OF CHEMICALS / CLASSIFICATION OF CHEMICALS /
LABELING AND MARKING, MSDS, LABELING AND MARKING, MSDS,
DISPOSAL/ INFORMATION & TRAININGDISPOSAL/ INFORMATION & TRAINING
pks/rlipks/rli 3333
ILO TASKS—C/174ILO TASKS—C/174
PREVENTION OF MAJOR INDUSTRIAL ACCIDENTSPREVENTION OF MAJOR INDUSTRIAL ACCIDENTS
MINIMISE RISK AND ITS EFFECTMINIMISE RISK AND ITS EFFECT
TO PROMOTE BEST SAFETY TECHNOLOGIESTO PROMOTE BEST SAFETY TECHNOLOGIES
INDENTIFICATION OF MAH UNITSINDENTIFICATION OF MAH UNITS
INFORMATIONS ABOUT INSTALLATIONSINFORMATIONS ABOUT INSTALLATIONS
RISK ASSESSMENTRISK ASSESSMENT
EMERGENCY PLANEMERGENCY PLAN
INFORMATION TO PUBLICINFORMATION TO PUBLIC
SAFETY REPORTSAFETY REPORT
RIGHT AND DUTIES OF WORKERSRIGHT AND DUTIES OF WORKERS
pks/rlipks/rli 3434
ILO TASKSILO TASKS
ESTABLISHMENT AND INITIAL ESTABLISHMENT AND INITIAL
OPERATIONS OF MAHC SYSTEM—OPERATIONS OF MAHC SYSTEM—
( IND/ 86 /MOL/ FRG)( IND/ 86 /MOL/ FRG)
INTERNATIONAL OCCUPATIONAL INTERNATIONAL OCCUPATIONAL
SAFETY AND HEALTH INFORMATION SAFETY AND HEALTH INFORMATION
CENTRE (CIS)---COLLECTION / CENTRE (CIS)---COLLECTION /
ANALYSING/ DISSEMINATION OF ANALYSING/ DISSEMINATION OF
INFORMATIONSINFORMATIONS
pks/rlipks/rli 3535
ILO TASKSILO TASKS
PIACT---- 1976 ( INTERNATIONAL PIACT---- 1976 ( INTERNATIONAL
PROGRAMME FOR IMPROVEMENT PROGRAMME FOR IMPROVEMENT
OF WORKING CONDITIONS & ENV.)OF WORKING CONDITIONS & ENV.)
ENCYCLOPAEDIA OF ENCYCLOPAEDIA OF
OCCUPATIONAL HEALTH AND OCCUPATIONAL HEALTH AND
SAFETY-VOL I &II—CONTRIBUTION SAFETY-VOL I &II—CONTRIBUTION
BY 700 AUTHORS IN 70 COUNTRIES BY 700 AUTHORS IN 70 COUNTRIES
AND DEALS ALL ASPECTS OF AND DEALS ALL ASPECTS OF
SAFETY / HEALTH / HYGIENESAFETY / HEALTH / HYGIENE
pks/rlipks/rli 3636
DECLARATION OF DECLARATION OF
PHILADELPHIAPHILADELPHIA
DECLARATION ADOPTED ON 10 MAY DECLARATION ADOPTED ON 10 MAY
1944 AT 261944 AT 26
thth
SESSION OF SESSION OF
INTERNATIONAL CONFERENCE IN INTERNATIONAL CONFERENCE IN
PHILADELPHIAPHILADELPHIA IN US & STANDS AS IN US & STANDS AS
CHARTER OF RIGHT OF WORKERSCHARTER OF RIGHT OF WORKERS
LAY’S LAY’S PRINCIPLES FOR ADHERING& PRINCIPLES FOR ADHERING&
GUIDE LINE FOR ITS ACTIONGUIDE LINE FOR ITS ACTION
pks/rlipks/rli 3737
RIGHT OF WORKERSRIGHT OF WORKERS
LABOUR IS NOT COMODITYLABOUR IS NOT COMODITY
FREEDOM OF EXPRESSION & OF FREEDOM OF EXPRESSION & OF
ASSOCIATION ARE ESSENTIAL TO ASSOCIATION ARE ESSENTIAL TO
SUSTAIN PROGRESSSUSTAIN PROGRESS
POVERTY ANY WHERE CONSTITUTE POVERTY ANY WHERE CONSTITUTE
DANGER TO PROSPERITY EVERY WHEREDANGER TO PROSPERITY EVERY WHERE
ADEQUATE PROTECTION FOR THE LIFE ADEQUATE PROTECTION FOR THE LIFE
AND HEALTH OF WORKERS IN ALL AND HEALTH OF WORKERS IN ALL
OCCUPATIONS OCCUPATIONS
pks/rlipks/rli 3838
APPROACH OF INDIA IN APPROACH OF INDIA IN
ADOPTION OF CONVENTIONADOPTION OF CONVENTION
POSITIVE APPROACHPOSITIVE APPROACH
36 RATIFIED36 RATIFIED
AMENDMENT IN FACTOPRIES ACT BEAR AMENDMENT IN FACTOPRIES ACT BEAR
IMPACT OF C/155IMPACT OF C/155
C/161 OF85 ---OCCUPATIONAL HEALTH C/161 OF85 ---OCCUPATIONAL HEALTH
SERVICESSERVICES
C/162 OF 86—ASBESTOSC/162 OF 86—ASBESTOS
C/160 ---LABOUR STATISTICC/160 ---LABOUR STATISTIC
C/148 OF 77----WORK ENV. (AIR C/148 OF 77----WORK ENV. (AIR
POLLUTION, NOISE, VIBRATION )POLLUTION, NOISE, VIBRATION )
C/174 TOTAL =47C/174 TOTAL =47
pks/rlipks/rli 3939
VARIOUS CONVENTIONSVARIOUS CONVENTIONS
C/139 OF74 –OCCUPATIONAL CANCERC/139 OF74 –OCCUPATIONAL CANCER
C/136 OF 71—BENZENEC/136 OF 71—BENZENE
C/127 0F 67---MAX. WT.C/127 0F 67---MAX. WT.
C/119 OF 63----GUARDING OF MACHINERYC/119 OF 63----GUARDING OF MACHINERY
C/170 0F 90----CHEMICALSC/170 0F 90----CHEMICALS
C/174 OF 93-----PREVENTION OF MAJOR C/174 OF 93-----PREVENTION OF MAJOR
INDUSTRIAL ACCIDENTSINDUSTRIAL ACCIDENTS
pks/rlipks/rli 4040
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 )
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)
ILO FUNDAMENTAL CONVENTIONSILO FUNDAMENTAL CONVENTIONS
pks/rlipks/rli 4141
Convention under international law
is a political decision
cannot involve reservations
1. implementation of the Convention, both in law and in practice
2. exposure to supervisory mechanisms
RATIFICATIONRATIFICATION
Convention under international law
pks/rlipks/rli 4242
ILO SUPERVISORY ILO SUPERVISORY
MECHANISMMECHANISM
ILO supervisory mechanismsILO supervisory mechanisms
The general supervisory machineryThe general supervisory machinery
Committee of Experts on the Application of Conventions Committee of Experts on the Application of Conventions
and Recommendationsand Recommendations
The constitutional proceduresThe constitutional procedures
Complaints (art. 26)Complaints (art. 26)
Representations (art. 24)Representations (art. 24)
The special machinery in the field of FOAThe special machinery in the field of FOA
pks/rlipks/rli 4343
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)REPRESENTATION (ART. 24)
pks/rlipks/rli 4444
ART. 24 REPRESENTATION PROCEDUREART. 24 REPRESENTATION PROCEDURE
AD HOCAD HOC TRIPARTITETRIPARTITE COMMITTEECOMMITTEE
report with conclusions and recommendations
Workers’ or
employers’
organization
COMMITTEE ON FOACOMMITTEE ON FOA
if the representation
involves FOA
GOVERNING BODYGOVERNING 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 BODYGOVERNING BODY
examines the report and deliberates
pks/rlipks/rli 4545
ART. 26 COMPLAINT PROCEDUREART. 26 COMPLAINT PROCEDURE
International Labour
Conference delegate
Governing Body ex officio
Any ratifying member
State
GOVERNING BODYGOVERNING BODY
COMMISSION OF INQUIRYCOMMISSION OF INQUIRY
report including findings and recommendations
GOVERNING BODYGOVERNING BODY
if the government accepts
the recommendations
if the government does not accept
the recommendations
implementation
of the recommendations
may refer the complaint to the
ICJICJ
for a final decision
pks/rlipks/rli 4646
The Fact-finding and Conciliation The Fact-finding and Conciliation
CommissionCommission
on Freedom of Associationon Freedom of Association
Established in 1950, is composed by Established in 1950, is composed by
independent personalitiesindependent personalities
Requires the consent of the Requires the consent of the
government concerned (when it has government concerned (when it has
not ratified the convention or is not not ratified the convention or is not
Member of the ILO)Member of the ILO)
Today is rarely used (Japan, Greece, Today is rarely used (Japan, Greece,
Lesotho, Chile, South-Africa) Lesotho, Chile, South-Africa)
pks/rlipks/rli 4747
The special machinery in The special machinery in
the field of FOAthe field of FOA
The Committee on Freedom The Committee on Freedom
of Associationof Association
pks/rlipks/rli 4848
The Committee on Freedom of The Committee on Freedom of
AssociationAssociation
MandateMandate
Dealts with the complaints filed against the Dealts with the complaints filed against the
government for government for violation of the conventions and violation of the conventions and
principles on FOAprinciples on FOA
Focus on specific situationFocus on specific situation
Legislative as well as factual examination even Legislative as well as factual examination even
without ratification or consentwithout ratification or consent
Decisions adopted unanimouslyDecisions adopted unanimously
Digest (jurisprudence) Digest (jurisprudence)
pks/rlipks/rli 4949
The Committee on Freedom of The Committee on Freedom of
AssociationAssociation
Complaints must emanate from:Complaints must emanate from:
National organization having direct interest in National organization having direct interest in
the matter the matter
International organization having consultative International organization having consultative
status with ILO (ICFTU, IOE)status with ILO (ICFTU, IOE)
International organization where allegations International organization where allegations
relate to matters directly affecting their affiliated relate to matters directly affecting their affiliated
organizationsorganizations
A governmentA government
Exiled or dissolved organizations may Exiled or dissolved organizations may
lodge complaintslodge complaints
pks/rlipks/rli 5050
The Committee on Freedom of The Committee on Freedom of
AssociationAssociation
The complaints must be:The complaints must be:
In writingIn writing
Signed by a representative of a body Signed by a representative of a body
entitled to make the complaintentitled to make the complaint
Supported by evidenceSupported by evidence
pks/rlipks/rli 5151
The Committee on Freedom of
Association
Procedure
POSSIBLE
INTERVENTION
DECISIONS BY CONSENSUS
POSSIBLE DIRECT
CONTACTS
ADOPTION BY GOVERNING BODY
IF ILO CONVENTION IS
RATIFIED
COMMITTEE OF EXPERTS ON THE
APPLICATION OF CONVENTIONS
AND RECOMMENDATIONS (CEACR)
IF ILO CONVENTION IS
NOT RATIFIED
FOLLOW-UP BY
THE CFA
COMMITTEE ON FREEDOM OF
ASSOCIATION (CFA)
WORKERS
EMPLOYERS
GOVERNMENTS
COMPLAINT PRESENTED TO ILO AND
TRANSMITTED TO GOVERNMENTS
FOR OBSERVATIONS
pks/rlipks/rli 5252
The Committee on Freedom of The Committee on Freedom of
AssociationAssociation
Types of reports: Types of reports:
final; final;
interim; interim;
«
follow up » (the Committee requests
«
follow up » (the Committee requests
to be kept informed of developments)to be kept informed of developments)
pks/rlipks/rli 5353
The Committee on Freedom of The Committee on Freedom of
AssociationAssociation
Special characteristicsSpecial characteristics
Quasi-judicial bodyQuasi-judicial body
Not subject to the prior exhaustion of Not subject to the prior exhaustion of
national remediesnational remedies
Examination even without the Examination even without the
government’s replaygovernment’s replay
Not bound by national judicial decisionNot bound by national judicial decision
******
The Committee has dealt with nearly The Committee has dealt with nearly
2400 cases2400 cases
pks/rlipks/rli 5454
pks/rlipks/rli 5555
ILO WEB SITE—ILO WEB SITE—
www.ilo.orgwww.ilo.org
Up to 2019– 187 out of 193 UN membersUp to 2019– 187 out of 193 UN members
1969--- organisation received Nobel peace 1969--- organisation received Nobel peace
prize for improving peace among classes, prize for improving peace among classes,
pursing justice for workers and proving pursing justice for workers and proving
technical assistancetechnical assistance
July 2011– ILO convention 189 0n domestic July 2011– ILO convention 189 0n domestic
workers adopted if ratifies gained the status of workers adopted if ratifies gained the status of
treatytreaty
Recommendation 201Recommendation 201
pks/rlipks/rli 5656
Cont.Cont.
86 international conference adopted 86 international conference adopted
declaration on FUNDAMENTAL declaration on FUNDAMENTAL
PRINCIPLES AND RIGHT AT WORK PRINCIPLES AND RIGHT AT WORK
having polices on-having polices on-
Right of workers to associate freely and Right of workers to associate freely and
bargain collectivelybargain collectively
End of forced ( defined in criminal code End of forced ( defined in criminal code
1995 ) and compulsory labour1995 ) and compulsory labour
pks/rlipks/rli 5757
Contd. Contd.
End of child labourEnd of child labour
End of unfair discrimination among End of unfair discrimination among
workersworkers
PIACT--- DEFINED BY FRENCH ie PIACT--- DEFINED BY FRENCH ie
programme for the introduction and programme for the introduction and
adoption of contraceptive technologyadoption of contraceptive technology
ICJ--- INTERNATIONAL COURT OF ICJ--- INTERNATIONAL COURT OF
JUSTICEJUSTICE