Article 38 Preparatory stages of single-discussion procedure (ILC Standing
Orders)
Description:(ILC Standing Orders)
Display the document in: French
Spanish
Document No. (ilolex): 27199443
Part II: Standing Orders concerning special subjects, Section E - Convention
and Recommendation procedure.
Adopted on 21 November 1919 at the First Session of the Conference. Revised
and consolidated at the 27th Session. The present text of this article
includes all amendments adopted up to the 97th Session (2008).
The ILO is committed to promoting gender equality. Amendments to this effect
were adopted at the 97th Session of the International Labour Conference
(Geneva, 2008).
ARTICLE 38
Preparatory stages of single-discussion procedure
1. When a question is governed by the single-discussion procedure the
International Labour Office shall communicate to the governments, so as to
reach them not less than 18 months before the opening of the session of the
Conference at which the question is to be discussed, a summary report upon the
question containing a statement of the law and practice in the different
countries and accompanied by a questionnaire drawn up with a view to the
preparation of Conventions or Recommendations. This questionnaire shall
request governments to consult the most representative organizations of
employers and workers before finalizing their replies and to give reasons for
their replies. Such replies should reach the Office as soon as possible and
not less than 11 months before the opening of the session of the Conference at
which the question is to be discussed. In the case of federal countries and
countries where it is necessary to translate questionnaires into the national
language the period of seven months allowed for the preparation of replies
shall be extended to eight months if the government concerned so requests.
2. On the basis of the replies received the Office shall draw up a final
report which may contain one or more Conventions or Recommendations. This
report shall be communicated by the Office to the governments as soon as
possible and every effort shall be made to secure that the report shall reach
them not less than four months before the opening of the session of the
Conference at which the question is to be discussed.
3. These arrangements shall apply only in cases in which the question has been
included in the agenda of the Conference not less than 26 months before the
opening of the session of the Conference at which it is to be discussed. If
the question has been included in the agenda less than 26 months before the
opening of the session of the Conference at which it is to be discussed, a
programme of reduced intervals shall be approved by the Governing Body; if the
Officers of the Governing Body do not consider it practicable for the
Governing Body to approve a detailed programme it shall be in their discretion
to agree on a programme of reduced intervals with the Director-General.
4. If a question on the agenda has been considered at a preparatory technical
conference the Office, according to the decision taken by the Governing Body
in this connection, may either:
(a) communicate to the governments a summary report and a questionnaire as
provided for in paragraph 1 above; or
< (b) itself draw up on the basis of the work of the preparatory technical
conference the final report provided for in paragraph 2 above.
|
