GB.349/INS/19/Decisions
Decisions on the reports of the Officers of the Governing Body concerning the receivability of representations submitted under article 24 of the ILO Constitution
(Private sitting of the Governing Body)
9 November 2023
Closure of two representations under article 24 of the Constitution of the ILO pursuant to a successful conciliation process
The Governing Body, welcoming that agreements had been reached between the parties concerned following conciliation processes, and on the recommendation of its Officers, decided to close the procedures of the representations alleging non-observance by:
(a) Slovenia of the Occupational Safety and Health Convention, 1981 (No. 155), and the Protocol of 2002 to the Occupational Safety and Health Convention, 1981;
(b) South Africa of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
(GB.349/INS/19/3, paragraph 3)
Representation alleging non-observance by Türkiye of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
In the light of the information contained in document GB.349/INS/19/4, and taking into consideration the recommendation of its Officers, the Governing Body decided that the representation was not receivable.
(GB.349/INS/19/4, paragraph 5)
Representation alleging non-observance by Chile of the Forced Labour Convention, 1930 (No. 29), the Employment Policy Convention, 1964 (No. 122), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
In the light of the information contained in document GB.349/INS/19/6, and taking into consideration the recommendation of its Officers, the Governing Body decided that the representation was receivable and to set up a tripartite committee to examine it.
(GB.349/INS/19/6, paragraph 5)
Representation alleging non-observance by Argentina of the Labour Inspection Convention, 1947 (No. 81), the Occupational Cancer Convention, 1974 (No. 139), the Occupational Safety and Health Convention, 1981 (No. 155), the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
In the light of the information contained in document GB.349/INS/19/7, and taking into consideration the recommendation of its Officers, the Governing Body decided:
(a) that the complaint is not receivable in relation to the Protocol of 2002 to the Occupational Safety and Health Convention, 1981;
(b) that the complaint is receivable in relation to Conventions Nos 81, 139, 155 and 187 and that it would set up a tripartite committee to examine it.
(GB.349/INS/19/7, paragraph 5)
Representation alleging non-observance by Argentina of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), submitted under article 24 of the ILO Constitution by the Industrial Organization of Argentina (UIA)
In the light of the information contained in document GB.349/INS/19/8 and on the recommendation of its Officers, the Governing Body decided that the representation is receivable and, as it relates to Conventions dealing with trade union rights, decided to refer it to the Committee on Freedom of Association for examination in accordance with articles 24 and 25 of the ILO Constitution.
(GB.349/INS/19/8, paragraph 5)
Representation alleging non-observance by Chile of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Labour Relations (Public Service) Convention, 1978 (No. 151), made under article 24 of the ILO Constitution by the National Federation of Municipal Workers of Chile (FENTRAMUCH)
In the light of the information contained in document GB.349/INS/19/9, and taking into consideration the recommendation of its Officers, the Governing Body decided that the representation was not receivable.
(GB.349/INS/19/9, paragraph 5)
Two representations alleging non-observance by Chile of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Labour Relations (Public Service) Convention, 1978 (No. 151), submitted under article 24 of the ILO Constitution by the National Association of Officials of the Civil Registry and Identification Service of Chile (ANFURCICH)
In light of the information contained in document GB.349/INS/19/10, and taking into consideration the recommendation of its Officers, the Governing Body decided:
(a) that the representations were not receivable in respect of Convention No. 111;
(b) that they were receivable in respect of Conventions Nos 87, 98 and 151, and as they related to Conventions dealing with trade union rights, to transmit the representations to the Committee on Freedom of Association for examination as per the procedures set out in the Standing Orders on articles 24 and 25 of the Constitution of the ILO. Furthermore, given that the two representations made by ANFURCICH contained similar allegations of anti-union actions committed by the Civil Registry and Identification Service of Chile, it was decided that they should be examined together in the framework of a single representation.
(GB.349/INS/19/10, paragraph 6)
Representation alleging non-observance by Chile of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Labour Relations (Public Service) Convention, 1978 (No. 151), submitted under article 24 of the ILO Constitution by the National Federation of Municipal Workers of Chile (FENTRAMUCH)
In the light of the information contained in document GB.349/INS/19/11, and taking into consideration the recommendation of its Officers, the Governing Body decided:
(a) that the representation was not receivable in relation to Convention No. 111;
(b) that it was receivable in relation to Conventions Nos 87, 98 and 151, and, as it relates to Conventions dealing with trade union rights, to transmit the representation to the Committee on Freedom of Association for examination in accordance with the procedure set out in the Standing Orders on articles 24 and 25 of the ILO Constitution.
(GB.349/INS/19/11, paragraph 5)
Representation alleging non-observance by Chile of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), filed under article 24 of the ILO Constitution by three trade unions of a mining enterprise (the Caletones Workers’ Union, the Chuquicamata Workers’ Union and the Potrerillos Workers’ Union No. 2) and the Single Confederation of Trade Unions (CUT)
In the light of the information contained in document GB.349/INS/19/12 and on the recommendation of its Officers, the Governing Body decided that the representation is receivable in relation to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and, as it relates to Conventions dealing with trade union rights, decided to refer it to the Committee on Freedom of Association for examination in accordance with articles 24 and 25 of the ILO Constitution.
(GB.349/INS/19/12, paragraph 5)
Representation alleging non-observance by Chile of the Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35), and the Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37), made under article 24 of the ILO Constitution by the National Federation of Municipal Workers of Chile (FENTRAMUCH)
In light of the information contained in document GB.349/INS/19/13, and taking into consideration the recommendation of its Officers, the Governing Body decided that the representation was receivable and, considering that it concerns issues similar to those raised in another representation (GB.340/INS/19/1), it should be examined jointly by the same tripartite committee.
(GB.349/INS/19/13, paragraph 6)
The Governing Body, welcoming that agreements had been reached between the parties concerned following conciliation processes, and on the recommendation of its Officers, decided to close the procedures of the representations alleging non-observance by:
(a) Slovenia of the Occupational Safety and Health Convention, 1981 (No. 155), and the Protocol of 2002 to the Occupational Safety and Health Convention, 1981;
(b) South Africa of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
(GB.349/INS/19/3, paragraph 3)
Representation alleging non-observance by Türkiye of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
In the light of the information contained in document GB.349/INS/19/4, and taking into consideration the recommendation of its Officers, the Governing Body decided that the representation was not receivable.
(GB.349/INS/19/4, paragraph 5)
Representation alleging non-observance by Chile of the Forced Labour Convention, 1930 (No. 29), the Employment Policy Convention, 1964 (No. 122), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
In the light of the information contained in document GB.349/INS/19/6, and taking into consideration the recommendation of its Officers, the Governing Body decided that the representation was receivable and to set up a tripartite committee to examine it.
(GB.349/INS/19/6, paragraph 5)
Representation alleging non-observance by Argentina of the Labour Inspection Convention, 1947 (No. 81), the Occupational Cancer Convention, 1974 (No. 139), the Occupational Safety and Health Convention, 1981 (No. 155), the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
In the light of the information contained in document GB.349/INS/19/7, and taking into consideration the recommendation of its Officers, the Governing Body decided:
(a) that the complaint is not receivable in relation to the Protocol of 2002 to the Occupational Safety and Health Convention, 1981;
(b) that the complaint is receivable in relation to Conventions Nos 81, 139, 155 and 187 and that it would set up a tripartite committee to examine it.
(GB.349/INS/19/7, paragraph 5)
Representation alleging non-observance by Argentina of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), submitted under article 24 of the ILO Constitution by the Industrial Organization of Argentina (UIA)
In the light of the information contained in document GB.349/INS/19/8 and on the recommendation of its Officers, the Governing Body decided that the representation is receivable and, as it relates to Conventions dealing with trade union rights, decided to refer it to the Committee on Freedom of Association for examination in accordance with articles 24 and 25 of the ILO Constitution.
(GB.349/INS/19/8, paragraph 5)
Representation alleging non-observance by Chile of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Labour Relations (Public Service) Convention, 1978 (No. 151), made under article 24 of the ILO Constitution by the National Federation of Municipal Workers of Chile (FENTRAMUCH)
In the light of the information contained in document GB.349/INS/19/9, and taking into consideration the recommendation of its Officers, the Governing Body decided that the representation was not receivable.
(GB.349/INS/19/9, paragraph 5)
Two representations alleging non-observance by Chile of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Labour Relations (Public Service) Convention, 1978 (No. 151), submitted under article 24 of the ILO Constitution by the National Association of Officials of the Civil Registry and Identification Service of Chile (ANFURCICH)
In light of the information contained in document GB.349/INS/19/10, and taking into consideration the recommendation of its Officers, the Governing Body decided:
(a) that the representations were not receivable in respect of Convention No. 111;
(b) that they were receivable in respect of Conventions Nos 87, 98 and 151, and as they related to Conventions dealing with trade union rights, to transmit the representations to the Committee on Freedom of Association for examination as per the procedures set out in the Standing Orders on articles 24 and 25 of the Constitution of the ILO. Furthermore, given that the two representations made by ANFURCICH contained similar allegations of anti-union actions committed by the Civil Registry and Identification Service of Chile, it was decided that they should be examined together in the framework of a single representation.
(GB.349/INS/19/10, paragraph 6)
Representation alleging non-observance by Chile of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Labour Relations (Public Service) Convention, 1978 (No. 151), submitted under article 24 of the ILO Constitution by the National Federation of Municipal Workers of Chile (FENTRAMUCH)
In the light of the information contained in document GB.349/INS/19/11, and taking into consideration the recommendation of its Officers, the Governing Body decided:
(a) that the representation was not receivable in relation to Convention No. 111;
(b) that it was receivable in relation to Conventions Nos 87, 98 and 151, and, as it relates to Conventions dealing with trade union rights, to transmit the representation to the Committee on Freedom of Association for examination in accordance with the procedure set out in the Standing Orders on articles 24 and 25 of the ILO Constitution.
(GB.349/INS/19/11, paragraph 5)
Representation alleging non-observance by Chile of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), filed under article 24 of the ILO Constitution by three trade unions of a mining enterprise (the Caletones Workers’ Union, the Chuquicamata Workers’ Union and the Potrerillos Workers’ Union No. 2) and the Single Confederation of Trade Unions (CUT)
In the light of the information contained in document GB.349/INS/19/12 and on the recommendation of its Officers, the Governing Body decided that the representation is receivable in relation to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and, as it relates to Conventions dealing with trade union rights, decided to refer it to the Committee on Freedom of Association for examination in accordance with articles 24 and 25 of the ILO Constitution.
(GB.349/INS/19/12, paragraph 5)
Representation alleging non-observance by Chile of the Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35), and the Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37), made under article 24 of the ILO Constitution by the National Federation of Municipal Workers of Chile (FENTRAMUCH)
In light of the information contained in document GB.349/INS/19/13, and taking into consideration the recommendation of its Officers, the Governing Body decided that the representation was receivable and, considering that it concerns issues similar to those raised in another representation (GB.340/INS/19/1), it should be examined jointly by the same tripartite committee.
(GB.349/INS/19/13, paragraph 6)