Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la consulta tripartita (normas internacionales del trabajo), 1976 (núm. 144) - Luxemburgo (Ratificación : 2021)

The Committee notes the Government’s first report on the application of the Convention, received in October 2023, and of the regular report received in 2024, and requests the Government to provide further information on the points below, so that the Committee can assess the effect given to the Convention:

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. The Government indicates that the Department of Social Dialogue and European and International Affairs within the Ministry of Labour, Employment and the Social and Solidarity Economy is responsible for relations with the social partners in the context of the ILO, and that communication with the social partners is mainly carried out through electronic means. In this respect, the Committee would like the Government to indicate whether this procedure has been the subject of consultations with the social partners, in accordance with Article 2(2) of the Convention. The Committee notes, in this respect, that in accordance with Paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152) consultations may be undertaken through written communications only “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient” (see also the General Survey of 2000 on tripartite consultation, paragraph 71). The Committee further notes that the report does not indicate whether, in practice, the consultations address all the matters referred to in Article 5(1) of the Convention. The Committee therefore requests the Government to indicate whether the electronic consultation procedure carried out by the Ministry of Labour, Employment and the Social and Solidarity Economy has been subject to prior agreement with the social partners, as required by Article 2(2) of the Convention, and whether the consultations relate to each of the matters referred to in Article 5(1) of the Convention. The Committee also requests the Government to provide information on the frequency of these consultations, and to indicate the nature of any resulting reports or recommendations.

Article 3(2). Representation on an equal footing.Noting that the Government has not provided information on the manner in which the representation of employers’ and workers’ representatives on an equal footing is ensured on any bodies through which consultations are undertaken, the Committee requests the Government to provide further information in this regard.

Article 4. Administrative support and financing of training. The Government indicates that the Department of Social Dialogue and European and International Affairs of the Ministry of Labour, Employment and the Social and Solidarity Economy is responsible for providing administrative support to the social partners. However, the Committee notes that the report does not indicate the arrangements for the financing of consultation procedures, or whether there are appropriate arrangements for the financing of any necessary training of participants in these procedures. The Committee recalls that administrative support, as provided for in the Convention, includes, where appropriate, making meeting rooms available, correspondence and the assistance of a secretariat. In addition, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, its financing is provided through appropriate arrangements between the government and the representative organizations (see General Survey of 2000 on tripartite consultation, paragraphs 123–129). The Committee requests the Government to provide detailed information on the manner in which the Government provides administrative support for the consultation procedures covered by the Convention, as well as on the arrangements made for financing the training of participants in the consultation procedures.

Article 6.Annual report. The Government indicates that annual reports are not prepared. The Committee recalls that this Article does not impose an obligation to issue an annual report, but provides that when this is considered appropriate after consultation with the representative organizations, the competent authority shall issue an annual report on the working of the procedures provided for in this Convention. The annual report could, for example, include information on the composition of any consultative bodies, the number of meetings, their agenda, the proposals made and the conclusions reached (see General Survey of 2000 on tripartite consultation, paragraph 131). The Committee therefore requests the Government to provide information on any tripartite consultations held on whether it is necessary to produce such an annual report.