Key Benefits:
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Adopt the Convention on Workers ' Representatives (1971, number 135), adopted at the 56th Meeting of the International Labour Conference, the authenticated copy of which is part of this Act. ARTICLE 2 Contact the national executive branch.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE NOVEMBRE DE DOS MIL TRES.
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EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.
QUINCUAGESIMA SEXTA MEETING
(GINEBRA, 2 - 23 June 1971)
CONVENTION 135
Convention on the Protection and Facilities to be Granted to Workers ' Representatives in the Company
The General Conference of the International Labour Organization:
Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 2 June 1971 at its fifty-sixth meeting;
Taking into account the provisions of the Right to Organize and Collective Bargaining Convention, 1949, which protects workers from any act of discrimination aimed at impairing trade union freedom in relation to their employment;
Considering that it is desirable to adopt complementary provisions with regard to workers ' representatives;
After having decided to adopt various proposals regarding the protection and facilities granted to workers ' representatives in the company, which is the fifth point of the agenda of the meeting, and
After having decided that such proposals review the form of an international convention, it adopts, on June twenty-three thousand nine hundred and seventy-one, the present Convention, which may be cited as the Workers' Representatives Convention, 1971:
Article 1
Workers ' representatives in the company shall enjoy effective protection against any act that may harm them, including dismissal on the basis of their status as workers ' representatives, their activities as such, their membership in the trade union, or their participation in trade union activity, provided that such representatives act in accordance with the laws, collective contracts or other common agreements in force.
Article 2
1. Workers ' representatives should be provided with appropriate facilities to enable them to perform their duties quickly and effectively.
2. In this regard, the characteristics of the country ' s system of workers ' relations and the needs, importance and possibilities of the company concerned should be taken into account.
3. The granting of such facilities should not prejudice the effective functioning of the company concerned.
Article 3
For the purposes of this Convention, the term "representatives of workers" includes persons recognized as such under national legislation or practice, whether:
(a) of trade union representatives, i.e. representatives appointed or elected by or affiliated with trade unions; or
(b) of elected representatives, i.e. representatives freely elected by the workers of the company, in accordance with the provisions of national legislation or collective contracts, and whose functions are not extended to activities that are recognized in the country as exclusive privileges of the trade unions.
Article 4
National legislation, collective contracts, arbitral awards or judicial decisions may determine which class or class of workers ' representatives shall have the right to protection and the facilities provided for in this Convention.
Article 5
Where there are trade union representatives and elected representatives in the same company, appropriate measures should be taken, if 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 promote cooperation in any relevant matter between the elected representatives and the trade unions concerned and their representatives.
Article 6
This Convention may be effected through national legislation, collective contracts, or in any other manner consistent with national practice.
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 oblige only those Members of the International Labour Organization whose ratifications have been registered by the Director-General.
2. It shall enter into force twelve months after the date on which the ratifications of two Members have been registered by the Director-General.
3. Since that time, this Convention shall enter into force for each Member, twelve months after the date of its ratification.
Article 9
1. A Member who has ratified this Convention may denounce it at the expiration of a period of ten years, from the date on which it has initially entered into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration.
2. Any Member who has ratified this Convention and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not make use of the right of denunciation provided for in this article shall be bound for a new period of ten years, and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions provided for in this article.
Article 10
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of how many ratifications, declarations and complaints are communicated to the Members of the Organization.
2. In notifying the Members of the Organization of the registration of the second ratification communicated to it, the Director-General shall draw the attention of the Members of the Organization on the date on which the present Convention shall enter into force.
Article 11
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of the registration and in accordance with article 102 of the Charter of the United Nations, complete information on all ratifications, declarations and complaint records that he has recorded in accordance with the preceding articles.
Article 12
Whenever necessary, the Governing Council of the International Labour Office shall present to the Conference a report on the implementation of the Convention, and shall consider the desirability of including in the agenda of the Conference the question of its full or partial review.
Article 13
1. In the event that the Conference adopts a new convention involving a full or partial review of the present, and unless the new convention contains provisions to the contrary:
(a) The ratification by a Member of the new review agreement shall entail, ipso jure, the immediate denunciation of this Convention, notwithstanding the provisions contained in article 9, provided that the new review convention has entered into force;
(b) from the date on which the new revised convention enters into force, this Convention shall cease to be open to ratification by Members.
2. This Convention shall remain in force in any event, in its present form and content, for Members who have ratified it and do not ratify the revised convention.
Article 14
The English and French versions of the text of this Convention are equally authentic.
