Our mandate

As provided in the Office directive - IGDS Number 226 (Version 1) (pdf 42kB) , the Office of the Legal Adviser is responsible for providing legal advice and other legal services to the Organization on all matters implicating the legal interest of the Organization, including legal opinions concerning the Constitution, membership, rules and activities of the ILO. All officials in the performance of their functions are expected to seek legal advice and any necessary legal services on all such matters. The Legal Adviser reports to the Director-General and directs the Office of the Legal Adviser.

In particular, the Office of the Legal Adviser:

Institutional functioning of the Organization

• provides legal opinions on questions of law and procedure relating to, or raised in the course of, the International Labour Conference, Governing Body meetings, and other official ILO meetings and, in cooperation with the International Labour Standards Department, assesses the legal basis for proposals for new international labour standards;
• provides the secretariat for the Credentials Committee, the Drafting Committee and the Standing Orders Committee for the International Labour Conference; the Legal Issues and International Labour Standards Section of the Governing Body (with the International Labour Standards Department); the Credentials Committee for regional meetings; and other committees, as required;
• participates in the preparatory work, drafting and official translation of the texts of ILO Conventions and Recommendations; takes part in the drafting committees of the Conference, which are facilitated by the Legal Adviser; establishes the authentic texts (and certified copies) of Conventions and Recommendations, as well as other international agreements and solemn texts prepared under ILO auspices; verifies the ratification and denunciation of Conventions and, in cooperation with the International Labour Standards Department, ensures their registration with the United Nations; provides opinions in collaboration with the International Labour Standards Department on questions relating to the interpretation of Conventions and Recommendations, and approves the final reply prepared for the signature of the Director of the International Labour Standards Department;
• provides legal opinions on all questions concerning membership in the Organization, and the constitutional obligations of member States, including discharge of depositary functions of the Director-General in relation to acceptance by member States of instruments of amendment of the Constitution, and the drafting of proposed amendments to the Constitution;
• prepares any submissions which the ILO may make to the International Court of Justice;

Legal status of the Organization, including privileges and immunities

• deals with all questions concerning the legal status of the Organization and its officials – including privileges and immunities – at headquarters and in all countries where it has activities. The Legal Adviser decides, on behalf of the Director-General, on the waiver of immunity from jurisdiction for officials and members of their families and deals, in particular, with legal problems arising from accidents, arrest and detention, or theft involving ILO officials or property;
• is responsible for issues connected with the interpretation and application of agreements with the Swiss Federal Council and ensures liaison with the Swiss authorities on all matters arising out of the fact that the headquarters of the ILO are in Switzerland. Any matter involving the attention of the Swiss Mission, including individual requests relating to legitimation cards, visas or any other inquiry concerning privileges and immunities, must be made through, or coordinated by, the Office of the Legal Adviser except as otherwise expressly provided;

Private and public law transactions

• provides the final authoritative legal advice on private and public law transactions of the Organization. Before engaging the Organization in any legal obligation, all officials in the performance of their functions are expected to seek the advice of the Office of the Legal Adviser, through their departmental chief. This responsibility extends to legal aspects of institutional or regulatory matters, grant agreements, leases of real property, and legal aspects of cooperation between the ILO and intergovernmental organizations and agreements with host governments concerning technical cooperation and other in-country ILO activities, and the protection of intellectual property in publication or other activities, including in the Internet domain.
• provides legal advice through coordinating units for donor agreements and public–private partnerships (PARDEV), and for procurement of goods, equipment, services, and works, and for leases of equipment or technical cooperation agreements with implementing partners (PROCUREMENT);

Claims and disputes

• deals with disputed claims involving the Organization and represents the Organization before the International Administrative Tribunal of the International Labour Organization and in any other legal proceeding or arbitration in which the Organization may be involved;

Governance of the Organization, including relations with its staff

• is responsible for legal advice relating to governance of the Organization, including questions concerning the interpretation, application and amendment of the Staff Regulations, Financial Rules and Regulations, and health and pension fund regulations, and the development and approval of internal rules and regulations;

Other matters

• advises and represents the Organization in its relations as institutional host of the Administrative Tribunal of the ILO. Members of the Office of the Legal Adviser participate in meetings and initiatives within the UN system and in other forums concerning legal matters of interest to the ILO, and serve as ex officio or advisory members of internal Office committees and bodies;
• prepares summaries of judicial decisions and, as appropriate, studies in relevant fields of international law, and participates in research and follows current legal developments affecting the interests and activities of the ILO.