Supervision measures
  1. According to article 19, paragraph 5(d) of the Constitution of the ILO, States are required, once a Convention is ratified, to take "such action as may be necessary to make effective the provisions of such Convention". This should make it unnecessary to include any clauses relating to national supervision. Despite this, ILO instruments contain many provisions on supervision measures at the national level aimed at ensuring compliance with obligations arising from Conventions and Recommendations.[243] These supervision measures, which accompany implementation measures, can take various forms. In order to ensure observance of an instrument's provisions, they may call for, as appropriate, labour inspection, disciplinary or criminal penalties, the right of recourse to judicial or administrative procedures, the maintenance of registers and records, the requirement to obtain permits, licences or certificates, or a combination of these measures. The supervision measures may be the subject of a general provision covering the instrument in its entirety;[244] or may involve more specific obligations.[245]
  1. As with implementation measures, there is no standard clause for supervision measures, although certain formulas occur more frequently than others. More specifically, certain Conventions require a system of supervision to be established but give no other details.[246] Other Conventions provide for the establishment of a system of supervision or inspection without specifying more than that the system must be "adequate";[247] "appropriate";[248] or "adequate and appropriate".[249] Lastly, a number of Conventions stipulate that supervision must be carried out through a system of inspection, without specifying the functions of the latter.[250] Under these Conventions, the system of inspection is often accompanied by a system of penalties, including penal sanctions.[251]
  1. Certain other Conventions, particularly in the field of social security, emphasize the importance of the right of appeal through an inexpensive and expeditious procedure.[252] This right of appeal is expressed in different ways, such as "right of appeal";[253] "remedies for recovering [payments]";[254] "efficient machinery for the investigation and settlement of any complaint or dispute";[255] [measures enabling any person] "to recover, by an inexpensive and expeditious judicial or other procedure";[256] "entitled to appeal";[257] or "procedures to investigate complaints".[258]
  1. Conventions concerning hours of work, annual holidays, and workers' age, qualifications and placement, as well as those concerning supervision in the maritime sector, generally provide for supervision based on records and registers[259] or based on the conditions for the issuance of certificates.[260]
  1. Lastly, certain maritime Conventions require States to establish a genuinely integrated system of supervision through laws and regulations (unless there are applicable collective agreements), generally comprising the following elements: respective responsibilities of the parties concerned; definition of appropriate penalties; establishment of a system of supervision based on inspection; maintenance of records and registers; and mechanisms of appeal and recovery (e.g. of arrears).[261] At least one Convention requires consultation of the social partners with regard to the design and administration of such a system.[262]
[243] Almost three-quarters of the Conventions contain at least one such provision.
[244] See, for example, C79, Art. 6 (1); C101, Art. 10; and C119, Art. 15.
[245] See, for example, C76, Art. 9; C94, Art. 5; and C110, Art. 35 c).
[246] See, for example, C17, Art. 8; C76, Art. 9; C96, Art. 4 (1) a), Art. 5 (2) a) and Art. 10 a); C109, Art. 10 a). Similarly,C26, while not specifying the nature of the supervision required, specifies its objectives, in Art. 4(1). On the contrary, see C110, Art. 35 and 71. Only C181 in Article 14(2), refers to labour inspection, without giving any further detail.
[247] See, for example, C106, Art. 10; C132, Art. 14; and C153, Art. 11 a).
[248] See, for example, C124, Art. 4 (2); C152, Art. 41 c); and C176, Art. 16 b).
[249] See, for example, C155, Art. 9 (1); C162, Art. 5 (1); and C184, Art. 5 (1).
[250] See, for example, C30, Art. 11; C32, Art. 17 (2); C33, Art. 7; C53, Art. 5; C60, Art. 7 a); C62, Art. 4; C67, Art. 18 (1); C90, Art. 6; C106, Art. 10; C115, Art. 15; C120, Art. 6; C123, Art. 4 (2); C124, Art. 4 (2); C131, Art. 5; C132, Art. 14; C134, Art. 6 (1); C136, Art. 14 c); C146, Art. 13; C148, Art. 16 b); C152, Art. 41 c); C153, Art. 11 a); C155, Art. 9 (1); C167, Art. 35 b); C169, Art. 20 (4); C174, Art. 18 (1); C176, Art. 16 b); C181, Art. 14 (2); C184, Art. 5.
[251] References to penalties in general: see in particular C30, Art. 12; C32, Art. 17 (2); C33, Art. 7; C52, Art. 8; C54, Art. 9; C60, Art. 7 d); C68, Art. 9 (2); C76, Art. 9 a); C94, Art. 5 (1); C110, Art. 35 c) and Art. 83; C119, Art. 15; C123, Art. 4 (1); C124, Art. 4 (1); C129, Art. 24; C148, Art. 16 a); C152, Art. 41 b); C153, Art. 11 b); C155, Art. 9 (2); C167, Art. 35 a); C169, Art. 18; C177, Art. 9 (2). Specific references to penal sanctions: C29, Art. 25; C34, Art. 6; C53, Art. 6; C93, Art. 9; C96, Art. 8 and Art. 13; C125, Art. 15.
[252] See, for example, C35 and C36, Art. 11 and Art. 20; C37, Art. 12 and Art. 21; C40, Art. 14 and Art. 23; C44, Art. 14; C56, Art. 10; C71 Art. 4 (2); C102, Art. 70. See also, in the maritime sphere, C93, Art. 9 b); and C109, Art. 10 b). In the field of termination of employment, see C158, Art. 8.
[253] See, for example, C35, Art. 11 (1); and C71, Art. 4 (2).
[254] See, for example, C76, Art. 22 (1) e); and C93, Art. 22 (1) e).
[255] See, for example, C76, Art. 20 (2).
[256] See, for example, C93, Art. 9 b); and C109, Art. 10 b).
[257] See, for example, C158, Art. 8 (1).
[258] See, for example, C180, Art. 15 c).
[259] Monitoring of working hours and annual holidays: C49, Art. 4 c); C51 and C52, Art. 7; C67, Art. 18 (2). Minimum age: C58 and C59, Art. 4; C60, Art. 7 b). In the maritime sector: C179, Art. 5 (1).
[260] Licence for job placement and recruitment: C34, Art. 3 (4) b); C50, Art. 11 and Art. 13. Certificates regarding age of workers: C58, Art. 2 (2). Certificates of qualification: C69, Art. 4 (1) and (2).
[261] See in particular C76, Art. 22 (1); C79, Art. 6 (1); C92, Art. 3; C93, Art. 22 (1); C109, Art. 23 (1); C133, Art. 4; C180, Art. 15.
[262] C92, Art. 3 (2) e). See also C187.