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CS Professional · Labour Laws and Practice · International Labour Organization

The ILO adopted a new Convention in June. Member State X's Parliament did not act on it, and the Government never placed it before Parliament. A trade union alleges breach of ILO obligations. Which obligation has State X most clearly failed, even though it never ratified the Convention?

State X has failed the submission obligation. Every member must bring a newly adopted Convention or Recommendation before its competent authority, such as the legislature, within twelve months, or eighteen in exceptional circumstances. Ratification itself remains voluntary and carries no deadline.

  1. AThe obligation to ratify the Convention within 12 months
  2. BThe obligation to submit the instrument to the competent authority within the prescribed period, normally 12 months and at most 18 monthsCorrect
  3. CThe obligation to pay a fine to the ILO
  4. DThe obligation to denounce older Conventions

Explanation

Under the ILO Constitution each member must bring a newly adopted instrument before its competent authority within 12 months, extendable to 18 months in exceptional cases. Ratification itself is voluntary, so the first option is wrong.

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