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.
- AThe obligation to ratify the Convention within 12 months
- BThe obligation to submit the instrument to the competent authority within the prescribed period, normally 12 months and at most 18 monthsCorrect
- CThe obligation to pay a fine to the ILO
- 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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