Act 411 1997

Original Language Title: LEY 411 de 1997

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ACT 411 OF 1997

(November 5)

Official Journal No. 43,168 of 7 November 1997

By means of which the "Convention 151 on the Protection of the Right of Syndication and the Procedures for determining the Conditions of Employment in Public Administration", adopted at the 64th Meeting of the Conference, is approved General of the International Labour Organization, Geneva, 1978.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

Having regard to the text of "Convention 151 on the Protection of the Right to Organise and the Procedures for Determining Conditions of Employment in Public Administration", adopted at the 64th Meeting of the General Conference of the Organization International Labour, Geneva, 1978.

(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).

CONVENTION 151

SYNDICATION RIGHT PROTECTION CONVENTION

AND PROCEDURES FOR DETERMINING CONDITIONS

EMPLOYMENT IN PUBLIC ADMINISTRATION

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 7, 1978 at its sixth meeting;

recalling the provisions of the Convention on Freedom of Association and the Protection of the Right to Organise, 1948; the Convention on the Right to Organise and Collective Bargaining, 1949, and the Convention and the Recommendation on the representatives of workers, 1971;

Remembering that the Convention on the Right to Organise and Collective Bargaining, 1949, does not apply to certain categories of public employees and that the Convention and the Recommendation on Workers ' Representatives, 1971, apply the representatives of the employees in the company;

Taking note of the considerable expansion of services provided by public administration in many countries and the need for healthy industrial relations between public authorities and public employees ' organizations;

Observing the great diversity of the political, social and economic systems of the Member States and the different practices applied by these States (for example, in relation to the respective functions of the central authorities and (a) the functions of the federal, state and provincial authorities; those of the State-owned enterprises and of the various types of autonomous or semi-autonomous public bodies, or as regards the nature of the employment);

Taking into account the particular problems raised by the delimitation of the field of application of an international instrument and the adoption of definitions for the purposes of the instrument due to differences in many countries between public employment and private employment, as well as the difficulties of interpretation which have been raised on the application of the relevant provisions of the Convention on the right to trade union and negotiation to civil servants collective, 1949, and the observations by which the control bodies of the ILO have pointed out on several occasions that certain governments have implemented such provisions in such a way that large groups of public employees have been excluded from the scope of the Convention;

After having decided to adopt various proposals concerning freedom of association and the procedures for determining the conditions of employment in the public service, a question that constitutes the fifth point of the Order of the Day of the present meeting, and

After having decided that these proposals are in the form of an international convention, it adopts, with the date of twenty-seventh of June of a thousand nine hundred and seventy-eight, this Convention, which may be cited as the Convention on the working relationships in public administration, 1978:

PART I.

APPLICATION FIELD AND DEFINITIONS

ARTICLE 1o.

1. This Convention shall apply to all persons employed by the public administration, in so far as they do not apply to them more favourable provisions of other international labour conventions.

2. National legislation shall determine to what extent the guarantees provided for in this Convention apply to senior employees who, for their duties, are normally considered to have decision-making powers or are in charge of managerial positions. or employees whose obligations are of a highly confidential nature.

3. National legislation shall determine the extent to which the guarantees provided for in this Convention apply to the armed forces and to the police.

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ARTICLE 2o. For the purposes of this Convention, the term "public employee" means any person to whom this Convention applies in accordance with its Article 1.

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ARTICLE 3o. For the purposes of this Convention, the expression "organization of public employees" means any organization, whatever its composition, that aims to promote and defend the interests of the public employees.

PART II.

SYNDICATION RIGHT PROTECTION

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ARTICLE 4o.

1. Public employees shall enjoy adequate protection against any act of anti-union discrimination in relation to their employment.

2. Such protection shall be exercised in particular against any act which is intended to:

(a) Hold the employment of the public employee to the condition that he does not become a member of an organization of public employees or that he ceases to be a member of the public service;

b) To disclaim a public employee, or to harm him in any other way, because of his affiliation to an organization of public employees or his participation in the normal activities of such an organization.

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ARTICLE 5o.

1. The organisation of public employees shall enjoy complete independence with regard to public authorities.

2. Public employees ' organisations shall have adequate protection against any act of interference by a public authority in its constitution, operation or administration.

3. Acts of interference shall be considered for the purposes of this article primarily intended to encourage the establishment of public employees ' organisations dominated by the public authority, or to sustain economically, or otherwise, public employees ' organisations in order to place these organisations under the control of the public authority.

PART III.

FACILITIES TO BE GRANTED TO PUBLIC EMPLOYEE ORGANIZATIONS

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ARTICLE 6o.

1. Representatives of recognised organisations of public employees should be granted appropriate facilities to enable them to perform their duties quickly and effectively during or outside their working hours.

2. The granting of such facilities shall not prejudice the effective functioning of the administration or service concerned.

3. The nature and extent of such facilities shall be determined in accordance with the methods referred to in Article 7 of this Convention or by any other appropriate means.

PART IV.

PROCEDURES FOR DETERMINING EMPLOYMENT CONDITIONS

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ARTICLE 7o. They must be taken, if necessary, appropriate to national conditions to stimulate and encourage the full development and use of negotiation procedures between the authorities. public and public employees ' organisations on terms of employment, or any other methods which enable the representatives of public employees to participate in the determination of such conditions.

PART V.

CONFLICT RESOLUTION

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ARTICLE 8. The solution of the conflicts that arise in order to determine the conditions of employment should be sought, in an appropriate manner to the national conditions, by means of the negotiation between the parties or through independent and impartial procedures, such as mediation, conciliation and arbitration, established in such a way as to inspire the trust of the parties concerned.

PART VI.

CIVIL AND POLITICAL RIGHTS

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ARTICLE 9o. Public employees, like other workers, will enjoy the civil and political rights essential to the normal exercise of trade union freedom, subject only to the obligations arising out of his/her status and the nature of his/her duties.

PART VII.

FINAL PROVISIONS

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ARTICLE 10. The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.

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ARTICLE 11.

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.

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ARTICLE 12.

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.

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ARTICLE 13.

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.

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ARTICLE 14. 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 United Nations, complete information on all ratifications, statements and reports of denunciation registered in accordance with the preceding articles.

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ARTICLE 15. Each time you deem it necessary, the Board of Directors of the International Labour Office will present to the Conference a memory on the implementation of the Convention, and consider the the question of whether the whole or partial revision of the conference should be included on the agenda.

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ARTICLE 16.

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 review agreement will entail, ipso jure, the immediate denunciation of this agreement, notwithstanding the provisions contained in Article 12, provided that the new revising agreement 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 continue in force in any event, in its present form and content, for the members who have ratified it and do not ratify the Convention.

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ARTICLE 17. 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 151 on the Protection of the Right of Syndication and the Procedures for determining the Conditions of Employment in Public Administration", adopted in 64 Meeting of the General Conference of the International Labour Organization, Geneva, 1978, which rests in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., a los veininueve (29)

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 Foreign Minister in charge

from the Duties of the Minister's Office,

(Fdo.) CAMILO REYES RODRIGUEZ.

DECRETA:

ARTICLE 1o. Approve "Convention 151 on the Protection of the Right to Organise and the Procedures for determining the Conditions of Employment in Public Administration", adopted at the 64th meeting of the Conference General of the International Labour Organization, Geneva, 1978.

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a of 1944, the "Convention 151 on the Protection of the Right of Syndication and the Procedures for determining the Conditions of Employment in Public Administration", adopted at the 64th meeting of the General Conference of the Organization International Labor, Geneva, 1978, which is approved by article 1 of this law, will force 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., at 5 November 1997.

ERNESTO SAMPER PIZANO

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

The Minister of Labour and Social Security,

NESTOR IVAN MORENO ROJAS.

The Director the Administrative Department of the Civil Service,

EDGAR ALFONSO GONZÁLEZ SALAS.

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