Act 410 1997

Original Language Title: LEY 410 de 1997

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ACT 410 OF 1997
(November 4)
Official Gazette No. 43,166, of 5 November 1997
Through which the "Convention 144 on tripartite consultation is approved to promote the application of standards international labor standards ", adopted at the 61st. meeting of the International Labor Organization, Geneva, 1976. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
having regard to the text of the "Convention 144 on Tripartite Consultations to Promote the implementation of international labor standards consultations", adopted at the 61st. Meeting of the International Labour Organization, Geneva, 1976.
(To be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs is attached).

SIXTY-FIRST SESSION Geneva, 2-22 June 1976

Convention 144 on Tripartite Agreement to promote the implementation of international labor standards consultations.
The General Conference of the International Labour Organisation
convened at Geneva by the Governing Body of the International Labour Office, and having met in that city on June 2, 1976 at its sixty-first session;
Recalling the provisions of international conventions and recommendations of the existing work-and in particular the Convention on Freedom of Association and Protection of the Right to Organise Convention, 1948; the Convention on the Right to Organise and Collective, 1949 negotiations, and the Consultation (Industrial and National Levels), 1960- which affirm the right of employers and workers to establish free and independent organizations and call for measures to promote effective consultations at national level between public authorities and organizations of employers and workers, as well as the provisions of numerous international conventions and recommendations of the work have to consult employers' organizations adopted and workers on measures to be taken to give effect;
Having considered the fourth item on the agenda of the meeting, entitled ®Establecimiento of tripartite machinery to promote the implementation of international labor standards, and having decided upon the adoption of certain proposals concerning tripartite consultations to promote the implementation of the international labor standards, and after having determined that these proposals shall take the form of an international Convention, adopts this twenty-first day of June in 1976, the present Convention, which may be cited as the tripartite consultation (international labor standards). 1976:
ARTICLE 1o.
In this Convention, the term representative ®organizaciones means the most representative organizations of employers and workers enjoying the right to 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 between representatives of government, employers and workers, on matters related to the activities of the International Organization Labour 5th article refers to., paragraph 1o., below.
2. The nature and form of the procedures paragraph refers to the 1st. of this Article shall be determined in each country in accordance with national practice, after consultation with the representative organizations, where such organizations exist and such procedures have not yet been established.

ARTICLE 3o.
1. Representatives of employers and workers for the purposes of the procedures provided for in this Convention shall be freely chosen by their representative organizations, where such organizations exist.
2. Employers and workers are represented on an equal footing on any bodies through which consultations are carried out.
ARTICLE 4.
.
1. The competent authority shall be responsible for administrative support services to the procedures under this Convention.
2. appropriate agreements between the competent authority and the representative organizations will be held, where such organizations exist, to finance any necessary training of participants in these procedures.

The 5th ARTICLE.
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) Proposals to be submitted 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 Organization;
C) The re-examination at appropriate intervals of unratified Conventions and Recommendations to which has not yet given effect to consider what measures could be taken to promote their implementation and ratification as appropriate;
D) Issues arising out of reports to be communicated to the International Labour Office under article 22 of the Constitution of the International Labour Organization;
E) Proposals for the denunciation of ratified Conventions.
2. In order to ensure adequate consideration of the issues in paragraph 1 of this article refers to, consulted shall be undertaken at appropriate intervals fixed by agreement, but at least once a year.
ARTICLE 6.
.
When considered appropriate after consultation with the representative organizations, where such organizations exist, the competent authority shall submit an annual report on the operation of the procedures under this Convention.

Article 7.
The formal ratifications of this Convention shall be communicated to registration, the Director General of the International Labour Office.
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 enter 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. Each Member which has ratified this Convention may denounce it after the expiration of a period of ten years from the date on which the Convention first comes into force, by an act communicated for registration, the Director General of the International Labour Office Work. 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, within one year after the expiration 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 conditions laid down in this article.
Article 10.

1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization the registration of all ratifications and denunciations communicated by the Members of the Organization.
2. When notifying the Members of the Organisation of the registration of the second ratification that has been communicated, the Director General shall draw the attention of the Members of the Organisation to the date on which comes into force this Convention.


Article 11. The Director General of the International Labour Office shall inform the Secretary General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations full information particulars of all ratifications and acts of denunciation registered in accordance with the preceding articles.


ARTICLE 12. Each time it deems necessary, the Governing Body of the International Labour Office will present a report on the application of the Convention to the Conference, and consider the desirability of placing on the agenda of the Conference the question of its full or partial revision.
ARTICLE 13.

1. Should the Conference adopt a new Convention entailing a total or partial revision of this, and unless the new Convention otherwise;
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, when the new revising Convention comes into force.;
B) From the date of entry into force of the new revising Convention, this Convention shall cease to be open to ratification by the Members.

2. This Agreement shall continue in force in any case, in its actual form and content for those Members which have ratified and not ratified the revising Convention.


Article 14. The English and French versions of the text of this Convention are equally authoritative.
The undersigned Head of the Legal Office
Ministry of Foreign Affairs DECLARES
:
That this reproduction is faithful copy taken from the certified copy of "The Convention 144 on Tripartite Consultations to Promote the palicación of International Labour Standards ", adopted at the 61st Session of the General Labour Conference, Geneva, 1976, which lies in the archives of the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, Fe de Bogota, DC,
at twenty (26) days of July
of in 1996 (1996).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano
The Deputy Minister of Foreign Affairs, responsible
functions of the office of the Minister,
Fdo.) REYES RODRIGUEZ CAMILO. DECREES
:
ARTICLE 1o. Apruébanse the "Convention 144 on Tripartite to promote the implementation of international labor standards Consultations", adopted at the 61st Session of the International Labour Organization, Geneva, 1976.
ARTICLE 2o. In accordance with the provisions of article 1. 7a Act. 1944, the "Convention on Tripartite Consultation to promote the implementation of international labor standards", adopted at the 61st Session of the International Labour Organization, Geneva, 1976, by Article 1 of this law is passed, will force the country from the date the international link is perfect therefrom.
ARTICLE 3o. This Law governs from the date of publication.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on November 4, 1997.

Ernesto Samper Pizano Minister of Foreign Affairs, EMMA MEJIA VELEZ MARIA
.
The Minister of Labour and Social Security,
IVAN MORENO NESTOR ROJAS.



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