ILO Complaint Mechanism

International Labour Organisation

The ILO (International Labour Organisation) was created in 1919, as part of the Treaty of Versailles that ended World War I. The ILO, a United Nations specialized agency with 187 member states. The International Labour Organization (ILO) is the United Nations agency dedicated to advancing opportunities for women and men to get decent and productive work in conditions of freedom, equity, security, and human dignity. In 1944 during another world crisis, ILO adopted the Philadelphia Declaration.

The ILO Constitution also provides for two grievance mechanisms for asserting that a Member State is not fulfilling its obligations under a particular ILO convention: The Complaint Mechanism and the Representation Procedure. 

 

Complaint Mechanism- 

  • The complaint mechanism is governed by Articles 26 to 34 of the ILO Constitution, under which a complaint could also be filed against a member State for not complying with a ratified Convention by another member State which has ratified an equivalent Convention, a delegate to the International Labour Conference or the governing body of its own motion. A Commission of Inquiry may be formed to investigate the allegation. Complaint mechanisms can be generated in two ways, from the employer or the worker delegates: or from member delegates.
  • Every member has the right to file a complaint with the International Labour Office when he is not satisfied that any other Member is securing the effective observance of any convention which both have ratified in accordance with the foregoing articles.
  • The Governing Body may refer the complaint to a Commission of Inquiry and communicate with the Government in question as given in Article 24.
  • If the Governing Body appoints a Commission of Inquiry for considering the complaint and to report thereon in three circumstances.  
  1. When India is not invited.
  2. When India was invited but did not represent itself.
  3. When India was invited and represented itself but did not give a satisfactory presentation.  
  • When any matter is related to Articles 25-26 and it is being considered by the Governing body, the government in question shall, if not already represented itself, be entitled to send a representative to take part in the proceedings of the Governing body while the matter is under consideration. 
  • Makes a statement clarifying their status. If clarification is not satisfactory, they appoint a commission of Inquiry. They would prepare a detailed report after visiting the defaulting nation.
  • The Director general of ILO receives the report and forwards the same to the governing body. Invites the defaulting nation to clarify their stand and after that, the governing body will give suggestions. 
  • If suggestions are followed by the defaulting nation then the matter will end there but if not then it will further be referred to the ICJ and thereafter the decision of the ICJ is final. 

 

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