Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Iceland (Ratification: 1981)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 5 of the Convention. Tripartite consultations required by the Convention. In its previous comments, the Committee requested the Government to provide information on the content and outcome of the tripartite consultations held on the matters covered by the Convention. The Committee notes the attached reports and information provided by the Government on the number of tripartite consultations held by the Icelandic Tripartite ILO Committee (ITIC) from 1 June 2018 to 31 May 2021 on questions concerning the items on the agenda of the International Labour Conference and questions arising out of reports to the ILO. The Government indicates that the ITIC has taken part in the preparation of the reports delivered by the Minister of Social Affairs and Children to the Icelandic Parliament (Althing) on instruments adopted by the International Labour Conference. In this regard, the Committee notes with interest that the ratification of the Violence and Harassment Convention, 2019 (No. 190), has been endorsed and preparatory work for its ratification is under the purview of the Ministry of Social Affairs. It also notes that the ITIC is currently considering improving its working procedures with respect to the process of reviewing new ILO Conventions and Recommendations. The Committee notes that discussions regarding possible denunciation of the Unemployment Convention, 1919 (No. 2) and its impact on the Icelandic legal framework are ongoing within the ITIC. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on all of the matters covered by Article 5 of the Convention, particularly regarding any modifications made to the ITIC working procedures regarding the process of reviewing ILO Conventions and Recommendations.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 5 of the Convention. Tripartite consultations required by the Convention. The Committee notes the information provided by the Government on the tripartite consultations held between 1 June 2015 and 31 May 2018. The Government indicates that the Icelandic Tripartite ILO Committee held two meetings in 2015, four meetings in 2016, four meetings in 2017 and two meetings between January 2018 and May 2018. The Committee notes that consultations on questions concerning the items on the agenda of the International Labour Conference and questions arising out of reports to the ILO were among the Icelandic ILO Committee’s main areas of work. The Icelandic ILO Committee also took part in the preparation of the reports delivered by the Minister for Social Affairs to the Icelandic Parliament in relation to the submission of instruments adopted by the Conference. The Committee notes with interest the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, on 14 June 2017, as well as of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), on 1 June 2018, following tripartite consultations. The Government indicates that work on the possible ratification of the Maritime Labour Convention, 2006 (MLC, 2006), has continued in the Ministry of Transport and Local Government, and consists of preparing bills amending current legislation and proposals for new legislation to meet the requirements of the MLC, 2006. The Committee notes that the Icelandic ILO Committee drafted guidelines to assist with the examination of the possible ratification of ILO Conventions, which were unanimously adopted in April 2017. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government provides in its report information on the tripartite consultations held in the 2011–15 period. In reply to the previous comments concerning the re-examination of unratified Conventions, the Government indicates that the Icelandic Tripartite ILO Committee sought the opinion of relevant stakeholders concerning the possible ratification of the Employment Service Convention, 1948 (No. 88), and the Private Employment Agencies Convention, 1997 (No. 181). In this regard, the Confederation of Labour was in favour of ratification of both Conventions. The Confederation of Icelandic Employers deemed Convention No. 88 old and outdated. With respect to Convention No. 181, the Confederation of Icelandic Employers is of the opinion that taking a stand on the question of ratification was not possible without further studies on the effects of the functioning of private employment services. The Committee notes that the Icelandic ILO Tripartite Committee completed its study on the possible ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Domestic Workers Convention, 2011 (No. 189). The Government indicates that consensus could not be reached to recommend a ratification of these Conventions and the Minister of Social Affairs and Housing did not take a stand on the question of ratification of these instruments. The Committee further notes that the possible ratification of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and the Maritime Labour Convention, 2006, (MLC, 2006), were also studied during the reporting period by a tripartite working group, under the auspices of the Ministry of Interior. The Government indicates that the working group has not finalized its work. The Committee notes with interest the developments. The Committee requests the Government to continue to provide information on the outcome of the tripartite consultations held on the matters relating to international labour standards covered by the Convention, such as the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government in June 2012 in reply to its 2011 direct request. The Government indicates that the Icelandic ILO Committee held three meetings in 2009, two meetings in 2010 and two in the first five months of 2011. Consultations on questions concerning the items on the agenda of the Conference and questions arising out of reports to the ILO were among the Icelandic ILO Committee’s main tasks. It has also taken part in the preparation of the reports delivered by the Minister for Social Affairs to the Icelandic Parliament (Althingi) on instruments adopted by the Conference. The Committee notes that the Icelandic ILO Committee is seeking the opinion of relevant stakeholders concerning the possible ratification of the Employment Service Convention, 1948 (No. 88), and the Private Employment Agencies Convention, 1997 (No. 181). The Committee invites the Government to continue to provide information on the content and outcome of tripartite consultations held on the measures that might be taken to promote the implementation and ratification, as appropriate, of international labour standards (Article 5(1) of the Convention).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Tripartite consultations required by the Convention. The Committee refers to its 2009 observation and invites the Government to provide up-to-date information on the content and outcome of the consultations held, in particular by the Icelandic ILO Committee, on the subjects related to international labour standards listed in Article 5(1) of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Effective tripartite consultations. The Committee notes the information contained in the Government’s report received in September 2009 in reply to its previous observation which commended the approach of the Government and the social partners in providing that effective tripartite consultation be held on measures taken to promote the implementation and ratification, as appropriate, of Conventions and Recommendations. The Committee notes with interest that after detailed studies and having received a letter of clarification from the Office, the Icelandic ILO Committee advised the Government to ratify the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). Iceland’s ratification of Conventions Nos 81 and 129 were registered in March 2009. Furthermore, the Government indicates that the main conclusion of a September 2007 report concerning termination of employment was that it was not possible to draft guidelines unless it was based on more detailed political policy-making. This issue has not been further discussed within the Icelandic ILO Committee as the main organizations of employers and workers reached an agreement, as part of their collective agreement signed 17 February 2008, on procedures concerning dismissals. The Committee notes that in October 2008, the Icelandic ILO Committee arranged a meeting with all the major stakeholders which could be affected by Iceland’s possible ratification of the Maritime Labour Convention, 2006, and the Work in Fishing Convention, 2007 (No. 188). Some obstacles were detected concerning possible ratification of these two instruments and the question of ratification is currently studied jointly by the Icelandic ILO Committee, the Ministry of Communication, which is responsible for maritime questions, and the Icelandic Maritime Administration. The Government lastly indicates in its report that the Icelandic ILO Committee has studied the possible ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and requested the opinion of the Administration on this issue. The main conclusion is that Icelandic legislation does not meet the requirements of the Convention in respect of collecting data on occupational accidents and diseases. However, possibilities for remedying this situation are being studied. The Committee invites the Government to continue to report on measures taken to promote tripartite consultations on international labour standards, as required under Convention No. 144.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 5, paragraph 1(b), of the Convention. Tripartite consultations required by the Convention. Submission to Parliament. The Committee notes the indications provided by the Government in relation to the matters raised in its 2006 observation on the obligation to submit the instruments adopted by the Conference to Parliament. It notes with interest that the Government has decided that a submission to Parliament will be preceded by effective consultations on the proposed instruments.

2. Article 5, paragraph 1(c). Consultations on unratified Conventions and Recommendations. The Committee further notes the detailed information on the tripartite consultations held on the prospect of ratification of the labour inspection Conventions (Conventions Nos 81 and 129) and the Termination of Employment Convention, 1982 (No. 158). With regard to the Labour Inspection Convention, 1947 (No. 81), the Icelandic ILO Committee is examining the reply given by the Office in March 2007 in response to a request for clarification. With regard to Convention No. 158, the Ministry for Social Affairs requested the Institute for Gender Equality and Labour Law of the Bifrost University to draft guidelines concerning the termination of employment in light of the spirit of Convention No. 158. The draft will be put on the agenda of the Icelandic ILO Committee for discussion. The Committee notes with interest the information provided and commends the approach of the Government and the social partners in providing that effective tripartite consultation be held on the measures that might be taken to promote the implementation and ratification, as appropriate, of Conventions and Recommendations.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Tripartite consultations required by the Convention. The Committee refers to its 2006 observation on the obligation to submit to the competent authorities the instruments adopted by the Conference. It recalls that, since becoming a Member of the ILO in 1946, Iceland has ratified 22 Conventions and that 20 Conventions are still in force, including the eight fundamental Conventions.

2. The Committee notes that, for those States which have ratified Convention No. 144, effective tripartite consultations have to be held on the proposals to be made to the competent authorities when submitting the instruments adopted by the Conference (Article 5, paragraph 1(b), of the Convention). The Committee has pointed out, in particular in its 2000 General Survey on tripartite consultation, that the obligation to hold consultations must be fulfilled before the proposed measures are decided upon if the procedure is not to be a mere formality. As for the results of the consultations, although they are not binding on the Government, the latter is nonetheless obliged to ensure that tripartite consultations are effective, in accordance with Article 2, paragraph 1, of the Convention. For the Committee, “effective consultations” mean consultations which enable employers’ and workers’ organizations to have a useful say in matters relating to the activities of the ILO referred to in Article 5, paragraph 1. In this respect, the Committee trusts that the Government and the social partners will examine the measures to be taken to hold “effective consultations” on the proposals made to Parliament when submitting the instruments adopted by the Conference (Article 5, paragraph 1(b), of the Convention). The Committee would be grateful if the Government would also provide particulars in its next report on the consultations held on the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given, so that it can consider what measures might be taken to promote their implementation and ratification, as appropriate (Article 5, paragraph 1(c), of the Convention).