Act 411 1997

Original Language Title: LEY 411 de 1997

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LAW 411 1997
(November 5)
Official Gazette No. 43,168 of 7 November 1997
Through which the "Convention 151 adopted on Protection of the Right to Organise and Procedures to determine the conditions of employment in the public service ", adopted at the 64th Session of the General Conference of the International Labour Organization, Geneva, 1978. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
having regard to the text of the "Convention 151 on the Protection of the Right to Organise and procedures for determining conditions of employment in the public service", adopted at the 64th Meeting the General Conference of the International Labour Organization, Geneva, 1978.
(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).

CONVENTION 151 CONVENTION ON THE PROTECTION OF THE RIGHT TO ORGANISE
AND PROCEDURES FOR DETERMINING CONDITIONS OF EMPLOYMENT
PUBLIC ADMINISTRATION
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 7, 1978 at its sixty-fourth session;
Recalling the provisions of the 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 Convention and Recommendation representatives of workers, 1971;
Recalling that the Convention on the Right to Organise and Collective Bargaining Convention, 1949, does not apply to certain categories of public employees and that the Convention and Recommendation representatives of workers, 1971, apply to representatives workers in the company;
Noting the considerable expansion of services provided by the public administration in many countries and the need for sound labor relations between public authorities and public employees' organizations;
Noting the great diversity of political, social and economic systems of Member States and the different practices applied by those States (eg, as it pertains to the respective roles of central and local authorities, to the functions of the federal, state and provincial authorities, to the state-owned enterprises and various types of autonomous or semi-autonomous public bodies, or with regard to the nature of the employment relationship);
Given the particular problems posed by the definition of the scope of an international instrument and adopting definitions for the purposes of the instrument because of the differences in many countries between public employment and private employment, as the difficulties of interpretation have arisen concerning the application to public servants of the relevant provisions of the Convention on the right to Organise and collective, 1949, trading and observations which the supervisory bodies of the ILO have stated on several occasions that some governments have applied these provisions in a way that large groups of public employees have been excluded from the scope of the Convention;
Having decided upon the adoption of certain proposals concerning freedom of association and procedures for determining conditions of employment in the public service, which is the fifth item on the agenda of this meeting, and
After having determined that these proposals shall take the form of an international Convention, adopts this twenty June in 1978, this Convention, which may be cited as the Convention on labor relations in the public administration, 1978:

PART I. SCOPE AND DEFINITIONS ARTICLE
1o.
1. This Convention applies to all persons employed by the public administration, in so far as not applicable to them more favorable provisions in other international labor Conventions should apply.
2. National law shall determine to what extent the guarantees provided for in this Convention apply to senior employees, for their functions are normally considered as policy-making or managerial, or to employees whose duties are of a highly confidential nature .

3. National law shall likewise determine the extent to which the guarantees provided for in this Convention apply to the armed forces and the police.
Article 2.
. For the purposes of this Convention, the term "public employee" means any person to whom this Convention in accordance with article 1 applies.

ARTICLE 3o. For the purposes of this Convention, the term "public employees' organization" means any organization, whatever its composition, for furthering and defending the interests of public employees.
PART II.
PROTECTION OF THE RIGHT TO ORGANISE
ARTICLE 4.
.
1. Public employees shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.
2. Such protection is particularly in respect of acts calculated to:
a) Hold the employment of public employees subject to the condition that not join an organization of public employees or to stop being a member of it;
B) Dismissing a public employee or otherwise harm because of their membership of a public employees' organization or because of participation in the normal activities of the organization.

The 5th ARTICLE.
1. The public employees' organization shall enjoy complete independence from public authorities.
2. The public employees' organizations shall enjoy adequate protection against acts of interference by a public authority in their establishment, functioning or administration.
3. They are considered acts of interference for the purpose of this article mainly intended to promote the establishment of public employees 'organizations dominated by the public authority, or to support financially, or otherwise, public employees' organizations with the object of placing such organizations under the control of public authority.
PART III.
FACILITIES TO BE GRANTED TO PUBLIC EMPLOYEES ORGANIZATIONS
ARTICLE 6.
.
1. They must be given to the representatives of recognized public employees' organizations appropriate to enable quick and effective performance of their duties during working hours or outside them facilities.
2. The granting of such facilities shall not impair the efficient operation of the administration or service concerned.
3. The nature and scope of these facilities shall be determined according to the methods mentioned in the 7th article of this Agreement or any other appropriate means.
PART IV.
PROCEDURES FOR DETERMINING CONDITIONS OF EMPLOYMENT

Article 7. They should be taken, if necessary, appropriate to national conditions to encourage and promote the full development and utilization of machinery for negotiation between the public authorities and public employees' organizations about employment conditions, or any other methods measures allow representatives of public employees to participate in the determination of these matters. PART V.


CONFLICT RESOLUTION ARTICLE 8.
. The settlement of disputes arising in connection with the determination of conditions of employment shall be sought, appropriate to national conditions, through negotiation between the parties or through independent and impartial machinery, such as mediation, conciliation and arbitration, established so that the confidence of stakeholders.
PART VI.

CIVIL AND POLITICAL RIGHTS
Article 9. Public employees, like other workers, enjoy civil rights and essential for the normal exercise of freedom of association policy, subject only to the obligations arising from their status and the nature of their duties.
PART VII. FINAL PROVISIONS


Article 10. The formal ratifications of this Convention shall be communicated to registration, the Director General of the International Labour Office.
Article 11.

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 12.

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 13.

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 14. 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 in accordance with the preceding articles.

ARTICLE 15. Whenever deemed necessary, the Governing Body of the International Labour Office shall present to the Conference a report on the implementation of the Convention and shall examine the desirability of placing on the agenda of the Conference question of its full or partial revision.
ARTICLE 16.

1. Should the Conference adopt a new Convention entailing a total or partial revision of this, and unless the new Convention otherwise provides:
a) The ratification by a Member of the new revising Convention shall imply, ipso jure the immediate denunciation of this Convention, notwithstanding the provisions of Article 12, provided that the new revising Convention has entered into force;
B) From the date of entry into force of the new revising Convention, the present Convention shall cease to be open to ratification by members.
2. This agreement shall remain in force in any case, in its actual form and content for those Members which have ratified and not ratified the revising Convention.

Article 17. 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 151 on the protection of the right to organize and procedures for determining conditions of employment in the public administration", adopted at the 64th session of the General Conference of the International Organization Labour Office, Geneva, 1978, which lies in the archives of the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, on the twenty-nine (29)
day of July in 1990 and six (1996).
The Chief Legal Office, Sintura ADOLFO VARELA HECTOR
.
EXECUTIVE BRANCH PUBLIC POWER

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 Foreign Minister responsible
Functions of the Office of the Minister,
(Sgd.) REYES RODRIGUEZ CAMILO. DECREES
:
ARTICLE 1o. Approval of the "Convention 151 on the Protection of the Right to Organise and procedures for determining conditions of employment in the public service", adopted at the 64th session of the General Conference of the International Labour Organization, Geneva, 1978.
ARTICLE 2o. In accordance with the provisions of article 1. 7a Act 1944, the "Convention 151 on the protection of the right to organize and procedures for determining conditions of employment in the public administration", adopted at the 64th session of the General Conference of the International Labour Organization, Geneva 1978, that article 1 of this law is passed, will force the country from the date the international link regarding the same is perfected.

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 5, 1997.

Ernesto Samper Pizano Minister of Foreign Affairs, EMMA MEJIA VELEZ MARIA
.
The Minister of Labour and Social Security,
IVAN MORENO NESTOR ROJAS.
The Director of the Administrative Department of Public Service,
EDGAR GONZALEZ ALFONSO SALAS.



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