Act 410 1997

Original Language Title: LEY 410 de 1997

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

ACT 410 OF 1997

(November 4)

Official Journal No. 43,166 of 5 November 1997

By means of which "Convention 144 on tripartite consultations to promote the application of international labour standards", adopted in the 61st, is adopted. Meeting of the International Labour Organization, Geneva, 1976.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

Having regard to the text of "Convention 144 on tripartite consultations to promote the application of international labour standards", adopted in the 61st. Meeting of the International Labour Organization, Geneva, 1976.

(To be transcribed: photocopy of the full text of the International Instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

SEXAGESTH FIRST MEETING

Geneva, 2-22 June 1976

CONVENTION 144

Convention on tripartite consultations to promote the application of international labour standards.

The General Conference of the International Labour Organization:

Convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on June 2, 1976 at its 60th first meeting;

recalling the provisions of existing international conventions and recommendations of work-and in particular the Convention on Freedom of Association and Protection of the Right to Organise, 1948; of the Convention on the Law of collective bargaining and bargaining, 1949, and the Recommendation on consultation (branches of economic activity and national scope), 1960-which affirm the right of employers and workers to establish free and fair The Commission also called for measures to be taken to promote effective consultations at national level. the public authorities and employers 'and workers' organisations, as well as the provisions of numerous international labour conventions and recommendations which provide for consultation of employers 'and employers' organisations. workers on the measures to be taken to give effect to them;

Having considered the fourth point of the agenda of the meeting, entitled ® Establishment of tripartite mechanisms to promote the application of international labour standards, and having decided to adopt certain relative proposals to tripartite consultations to promote the application of international labour standards, and after having decided that these proposals are in the form of an international convention, it adopts, with a date of twenty-one in June of a thousand nine hundred Seventy-six, this Convention, which may be referred to as the Convention on the tripartite consultation (international labour standards). 1976:

ARTICLE 1o.

In this Convention, the expression ® representative organizations ¯ means the most representative organizations of employers and workers, who enjoy the right to freedom of association.

Ir al inicio

ARTICLE 2o.

1. Any Member of the International Labour Organisation which ratifies this Convention undertakes to implement procedures to ensure effective consultations between the representatives of the government, the employers and the workers, on matters relating to the activities of the International Labour Organisation referred to in Article 5 (1), below.

2. The nature and form of the procedures referred to in paragraph 1. of this Article must be determined in each country in accordance with national practice, after having consulted the representative organizations, provided that such organizations exist and where such procedures have not yet been established.

Ir al inicio

ARTICLE 3o.

1. Representatives of employers and workers, for the purposes of the procedures provided for in this Convention, shall be freely elected by their representative organisations, provided that such organisations exist.

2. Employers and employees shall be represented on an equal basis in any body by which the consultations are carried out.

Ir al inicio

ARTICLE 4o.

1. The competent authority shall be responsible for the administrative services in support of the procedures provided for in this Convention.

2. Appropriate arrangements shall be concluded between the competent authority and representative organisations, provided that such organisations exist, to finance the training which may be required by the participants in these procedures.

Ir al inicio

ARTICLE 5o.

1. The purpose of the procedures provided for in this Convention shall be to hold consultations on:

(a) Governments 'responses to the questionnaires concerning the items on the agenda of the International Labour Conference and the governments' comments on the draft text to be discussed by the Conference;

(b) Proposals to be submitted to the competent authority or authorities in relation to the submission of the conventions and recommendations in accordance with Article 19 of the Constitution of the International Labour Organization;

(c) Review at appropriate intervals of non-ratified conventions and recommendations that have not yet been given effect to study what measures could be taken to promote their implementation and eventual ratification;

(d) Issues that may arise from reports to the International Labour Office under Article 22 of the International Labour Organization's Constitution;

e) Proposals for the denunciation of ratified conventions.

2. In order to ensure the proper examination of the matters referred to in the first paragraph of this Article, the consultations shall be held at appropriate intervals fixed by common agreement and at least once a year.

Ir al inicio

ARTICLE 6o.

Where appropriate, after consultation with representative organisations, provided that such organisations exist, the competent authority shall submit an annual report on the operation of the procedures provided for in the Present Convention.

Ir al inicio

ARTICLE 7o.

The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.

Ir al inicio

ARTICLE 8o.

1. This Convention shall bind 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. From that point on, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

Ir al inicio

ARTICLE 9o.

1. Any Member who has ratified this Convention may denounce it at the end of a period of 10 years from the date on which it was initially put into effect, by means of an act communicated to the Director-General of the International Labour Office. The complaint shall not take effect until one year after the date on which it was registered.

2. Any Member who has ratified this Convention and who, within one year of the expiry 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 obliged to For a further period of 10 years, the Convention may be terminated at the end of each 10-year period, subject to the conditions laid down in this Article.

Ir al inicio

ARTICLE 10.

1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of any ratifications, declarations and complaints communicated to him by the Members of the Organization.

2. Upon notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall draw the attention of the Members of the Organization on the date of entry into force of this Convention.

Ir al inicio

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 reports of denunciation registered in accordance with the preceding articles.

Ir al inicio

ARTICLE 12.

Each time, as it deems necessary, the Board of Directors of the International Labour Office shall present to the Conference a report on the implementation of the Convention, and shall consider the advisability of including on the agenda of the Conference the question of its full or partial review.

Ir al inicio

ARTICLE 13.

1. Should the Conference adopt a new convention involving a total or partial revision of the present, and unless the new convention contains provisions to the contrary;

(a) The ratification by a Member of the new revising Convention will entail, ipso jure, the immediate denunciation of this Convention, notwithstanding the provisions contained in Article 9o., provided that the new revising Convention has entered into force;

(b) As from the date of the entry into force of the new revising Convention, this Convention shall cease to be open for ratification by the 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 Convention.

Ir al inicio

ARTICLE 14.

The English and French versions of the text of this Convention are equally authentic.

The undersigned Head of the Legal Office

from the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful copy taken from the certified copy of "Convention 144 on Tripartite Consultations to Promote the Palication of International Labor Standards", adopted at the 61st General Conference of the Labor, Geneva, 1976, which rests in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogota, D. C., Fe de Bogota, D. C.,

at twenty-six (26) days of the month of July

of a thousand nine hundred and ninety-six (1996).

the Chief Legal Officer,

HECTOR ADOLFO SINTURA VARELA.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D.C.

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

(Fdo.) ERNESTO SAMPER PIZANO

The Deputy Minister of Foreign Affairs, commissioned

of the functions of the Minister's office,

Fdo.) CAMILO REYES RODRIGUEZ.

DECRETA:

ARTICLE 1o. Approve "Convention 144 on Tripartite Consultations to Promote the Application of International Labour Standards", adopted at the 61st meeting of the International Labour Organization, Geneva, 1976.

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention on Tripartite Consultations to Promote the Application of International Labour Standards", adopted at the 61st meeting of the International Labour Organization, Geneva, 1976, which was adopted by Article 1 of this Law approves, will oblige the country from the date on which the international link with respect to it is perfected.

ARTICLE 3o. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

AMYLKAR ACOSTA MEDINA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

CARLOS SQUIRLA BALLESTEROS.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Contact and post.

Execute previous Constitutional Court review,

pursuant to Article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogotá, D. C., 4 November 1997.

ERNESTO SAMPER PIZANO

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

The Minister of Labour and Social Security,

NESTOR IVAN MORENO ROJAS.

Ir al inicio