C144 - Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
Convention
concerning Tripartite Consultations to Promote the Implementation of
International Labour Standards (Entry into force: 16 May 1978)
Adoption: Geneva, 61st ILC session (21 Jun 1976)
Preamble
The
General Conference of the International Labour Organisation,
Having
been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Sixty-first Session on 2 June 1976, and
Recalling
the terms of existing international labour Conventions and Recommendations--in
particular the Freedom of Association and Protection of the Right to Organise
Convention, 1948, the Right to Organise and Collective Bargaining Convention,
1949, and the Consultation (Industrial and National Levels) Recommendation,
1960--which affirm the right of employers and workers to establish free and
independent organisations and call for measures to promote effective
consultation at the national level between public authorities and employers'
and workers' organisations, as well as the provisions of numerous international
labour Conventions and Recommendations which provide for the consultation of
employers' and workers' organisations on measures to give effect thereto, and
Having
considered the fourth item on the agenda of the session which is entitled
"Establishment of tripartite machinery to promote the implementation of
international labour standards", and having decided upon the adoption of
certain proposals concerning tripartite consultation to promote the
implementation of international labour standards, and
Having
determined that these proposals shall take the form of an international
Convention,
adopts
this twenty-first day of June of the year one thousand nine hundred and
seventy-six the following Convention, which may be cited as the Tripartite
Consultation (International Labour Standards) Convention, 1976:
Article
1
In
this Convention the term representative organisations means the
most representative organisations of employers and workers enjoying the right
of freedom of association.
Article
2
- 1. Each Member of the
International Labour Organisation which ratifies this Convention
undertakes to operate procedures which ensure effective consultations,
with respect to the matters concerning the activities of the International
Labour Organisation set out in Article 5, paragraph 1, below, between
representatives of the government, of employers and of workers.
- 2. The nature and form of the
procedures provided for in paragraph 1 of this Article shall be determined
in each country in accordance with national practice, after consultation
with the representative organisations, where such organisations exist and
such procedures have not yet been established.
Article
3
- 1. The representatives of
employers and workers for the purposes of the procedures provided for in
this Convention shall be freely chosen by their representative
organisations, where such organisations exist.
- 2. Employers and workers shall
be represented on an equal footing on any bodies through which
consultations are undertaken.
Article
4
- 1. The competent authority
shall assume responsibility for the administrative support of the
procedures provided for in this Convention.
- 2. Appropriate arrangements
shall be made between the competent authority and the representative
organisations, where such organisations exist, for the financing of any
necessary training of participants in these procedures.
Article
5
- 1. The purpose of the
procedures provided for in this Convention shall be consultations on--
- (a) government replies to
questionnaires concerning items on the agenda of the International Labour
Conference and government comments on proposed texts to be discussed by
the Conference;
- (b) the proposals to be made
to the competent authority or authorities in connection with the
submission of Conventions and Recommendations pursuant to article 19 of
the Constitution of the International Labour Organisation;
- (c) the re-examination at
appropriate intervals of unratified Conventions and of Recommendations to
which effect has not yet been given, to consider what measures might be
taken to promote their implementation and ratification as appropriate;
- (d) questions arising out of
reports to be made to the International Labour Office under Article 22 of
the Constitution of the International Labour Organisation;
- (e) proposals for the
denunciation of ratified Conventions.
- 2. In order to ensure adequate
consideration of the matters referred to in paragraph 1 of this Article,
consultation shall be undertaken at appropriate intervals fixed by
agreement, but at least once a year.
Article
6
When
this is considered appropriate after consultation with the representative
organisations, where such organisations exist, the competent authority shall
issue an annual report on the working of the procedures provided for in this
Convention.
Article
7
The
formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article
8
- 1. This Convention shall be
binding only upon those Members of the International Labour Organisation
whose ratifications have been registered with the Director-General.
- 2. It shall come into force
twelve months after the date on which the ratifications of two Members
have been registered with the Director-General.
- 3. Thereafter, this Convention
shall come into force for any Member twelve months after the date on which
its ratification has been registered.
Article
9
- 1. A Member which has ratified
this Convention may denounce it after the expiration of ten years from the
date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office
for registration. Such denunciation shall not take effect until one year
after the date on which it is registered.
- 2. Each Member which has
ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in this
Article, will be bound for another period of ten years and, thereafter,
may denounce this Convention at the expiration of each period of ten years
under the terms provided for in this Article.
Article
10
- 1. The Director-General of the
International Labour Office shall notify all Members of the International
Labour Organisation of the registration of all ratifications and
denunciations communicated to him by the Members of the Organisation.
- 2. When notifying the Members
of the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will
come into force.
Article
11
The
Director-General of the International Labour Office shall communicate to the
Secretary-General of the United Nations for registration in accordance with
Article 102 of the Charter of the United Nations full particulars of all
ratifications and acts of denunciation registered by him in accordance with the
provisions of the preceding Articles.
Article
12
At
such times as it may consider necessary the Governing Body of the International
Labour Office shall present to the General Conference a report on the working
of this Convention and shall examine the desirability of placing on the agenda
of the Conference the question of its revision in whole or in part.
Article
13
- 1. Should the Conference adopt
a new Convention revising this Convention in whole or in part, then,
unless the new Convention otherwise provides:
- (a) the ratification by a
Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions
of Article 9 above, if and when the new revising Convention shall have
come into force;
- (b) as from the date when the
new revising Convention comes into force this Convention shall cease to
be open to ratification by the Members.
- 2. This Convention shall in any
case remain in force in its actual form and content for those Members
which have ratified it but have not ratified the revising Convention.
Article
14
The
English and French versions of the text of this Convention are equally
authoritative.
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