3
(b) elected representatives, namely, representatives who are freely elected by the workers of the under- taking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned.
Article 4
National laws or regulations, collective agreements, arbitration awards or court decisions may determine the type or types of workers' representatives which shall be entitled to the protection and facilities provided for in this Convention.
Please indicate any measures which may have been taken to determine the type or types of workers' representatives entitled to the protection and facilities provided for in this Convention, specifying, as appropriate, the methods used in this regard.
Article 5
Where there exist in the same undertaking both trade union representatives and elected representa- tives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to encourage co-operation on all relevant matters between the elected representatives and the trade unions concerned and their representatives.
Please indicate any measures which may have been considered necessary to give effect to this Article.
Article 6
Effect may be given to this Convention through national laws or regulations or collective agreements, or in any other manner consistent with national practice.
III. Please state whether courts of law or other tribunals have given decisions involving questions of principle
relating to the application of the Convention. If so, please supply the text of these decisions.
IV. Please supply any general observations which may be considered useful with regard to the manner in which
the Convention is applied.
V. Please indicate the representative organisations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organisation.1 If copies of the report have not been communicated to representative organisations of employers and/or workers, or if they have been communicated to bodies other than such organisations, please supply information on any particular circumstances existing in your country which explain the procedure followed.
Please indicate whether you have received from the organisations of employers or workers concerned any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention. If so, please communicate a copy of the observations received, together with any comments that you consider useful.
1 Article 23, paragraph 2, of the Constitution reads as follows: “Each Member shall communicate to the representative organisations recognised for the purpose of article 3 copies of the information and reports communicated to the Director- General in pursuance of articles 19 and 22.”