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Labour Administration Convention, 1978 (No. 150) - Luxembourg (Ratification: 2001)

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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

The Committee notes the information sent by the Government in reply to its previous comments. Observing that the information focuses on the employment administration (ADEM) in particular, the Committee points out that this is only one aspect of labour administration as defined in the Convention and that the information to be supplied must also cover all other aspects of the labour administration system. It therefore asks the Government to provide information on the following points.
Article 3 of the Convention. Please indicate any national labour policy activities falling within areas covered by the Ministry of Labour and Employment other than employment administration, which are regarded as being matters that are regulated by having recourse to direct negotiations between employers’ and workers’ organizations.
Article 4. The Committee notes the Government’s statement that a reform of the employment administration is under way consisting in the opening of three new regional agencies and the submission to the Chamber of Deputies of a Bill to reform the employment administration. It would be grateful if the Government would provide information on the measures taken to ensure that these agencies contribute to the effective operation of the system of labour administration and to sound coordination of the functions and responsibilities assigned to it. Please also keep the Office informed of developments regarding the Bill and provide a copy of it once it has been adopted.
Article 5. The Committee takes note of the detailed information supplied by the Government on the functions of the Economic Committee, the Tripartite Coordination Committee and the Standing Committee on Employment. It notes, however, that only scant information is supplied on the topics addressed by these bodies and would be grateful if the Government would provide more detailed information on these matters in its next report and on the follow-up action taken on any opinions the committees may have issued during the period covered.
Article 6. The Committee notes the information supplied by the Government on the manner in which effect is given in law to the provisions of this Article. It also notes the information that the National Action Plan for Employment 1998 was the subject of an opinion by the National Tripartite Coordination Committee. It would be grateful if the Government would provide further details of how effect is given in practice to these provisions, providing examples or copies of any relevant documents.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, in which it noted that the Government’s first report contained detailed information only on the employment administration, the Committee recalls that it emphasized to the Government that the report required under article 22 of the Constitution should cover all the provisions of the Convention as well as other specific subjects, in reply to Parts I to VI of the report form adopted by the Governing Body. The Committee notes the detailed information supplied in the subsequent report for the period ending 30 June 2005 on the effect given to Article 10, paragraphs 1 and 2, of the Convention, but comments that the report contains no information on measures taken in regard to the application in law and in practice of the other provisions of the Convention. The Committee trusts that the Government will not fail to supply in its next report complete and detailed information on the following matters.

Article 2.Please indicate any activities of the labour administration which have been delegated or entrusted to non-governmental organizations, in particular to organizations of employers or workers or to representatives of employers or workers, and indicate the nature of these organizations.

Article 3.Please indicate any activities in the field of national labour policy which are regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations.

Article 4.Please indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the system of labour administration.

Article 5.Please supply information on the matters examined in the national employment commission, the economic situation committee, the tripartite coordination committee and the standing committee on employment, as well as the follow-up given to any opinions they have issued during the period covered. Please attach to the report a copy of the texts relating to the establishment and operation of these bodies.

Article 6. Please provide detailed information on the manner in which effect is given to each provision of this Article.

Article 7.Please indicate whether, because national conditions so require, the system of labour administration also covers workers who are not, in law, employed persons and in particular those mentioned in subparagraphs (a) to (d) of this Article. If not, please indicate whether the Government considers that national conditions require the gradual extension of the functions of the labour administration system to cover them, and the measures taken to this end.

Article 8.Please state which bodies within the system of labour administration exercise the functions provided for in this Article, and supply information on the role of these bodies in practice.

Article 9.Please give details of the means available to the Ministry of Labour and Employment to ascertain whether the parastatal agencies responsible for certain activities of the labour administration and the regional and local agencies to which such activities have been delegated are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Parts II, IV and V of the report form. Please supply all the information and documents required under these Parts.

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

With reference to its previous comments, in which it noted that the Government’s first report contained detailed information only on the employment administration, the Committee recalls that it emphasized to the Government that the report required under article 22 of the Constitution should cover all the provisions of the Convention as well as other specific subjects, in reply to Parts I to VI of the report form adopted by the Governing Body. The Committee notes with interest the detailed information supplied in the subsequent report for the period ending 30 June 2005 on the effect given to Article 10, paragraphs 1 and 2, of the Convention, but comments that the report contains no information on measures taken in regard to the application in law and in practice of the other provisions of the Convention. The Committee trusts that the Government will not fail to supply in its next report complete and detailed information on the following matters.

Article 2.Please indicate any activities of the labour administration which have been delegated or entrusted to non-governmental organizations, in particular to organizations of employers or workers or to representatives of employers or workers, and indicate the nature of these organizations.

Article 3.Please indicate any activities in the field of national labour policy which are regarded as being matters regulated by recourse to direct negotiations between employers’ and workers’ organizations.

Article 4.Please indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the system of labour administration.

Article 5.Please supply information on the matters examined in the national employment commission, the economic situation committee, the tripartite coordination committee and the standing committee on employment, as well as the follow-up given to any opinions they have issued during the period covered. Please attach to the report a copy of the texts relating to the establishment and operation of these bodies.

Article 6. Please provide detailed information on the manner in which effect is given to each provision of this Article.

Article 7.Please indicate whether, because national conditions so require, the system of labour administration also covers workers who are not, in law, employed persons and in particular those mentioned in subparagraphs (a) to (d) of this Article. If not, please indicate whether the Government considers that national conditions require the gradual extension of the functions of the labour administration system to cover them, and the measures taken to this end.

Article 8.Please state which bodies within the system of labour administration exercise the functions provided for in this Article, and supply information on the role of these bodies in practice.

Article 9.Please give details of the means available to the Ministry of Labour and Employment to ascertain whether the parastatal agencies responsible for certain activities of the labour administration and the regional and local agencies to which such activities have been delegated are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Parts II, IV and V of the report form. Please supply all the information and documents required under these Parts.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report on the application of the Convention and observes that it deals only with the employment administration, which, according to the Government, is a key area of the labour administration system. The other areas covered by the Convention and the labour administration system itself, as described briefly on the Government’s web site, are not addressed in the report, and the Committee is therefore unable to assess the extent to which the Convention is applied.

While noting with interest the detailed information supplied relating to the employment administration, the Committee would nonetheless point out to the Government that the report required under article 22 of the ILO Constitution on the measures taken to apply this Convention should cover all its provisions, as well as other specific subjects, in answer to Parts I to VI of the report form adopted by the Governing Body. The form contains useful instructions and indicates the information to be supplied pursuant to ratification of the Convention.

The Committee hopes that the Government will provide a report that meets the requirements of the abovementioned form with regard to both form and content, and will provide copies of all relevant legislation and documents.

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