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524 DE 1999
(August 12)
Official Journal No 43,670 of 18 August 1999
By means of which the "Convention Number One Hundred Fifty-Four (154) on the Promotion of Collective Bargaining", adopted at the Seventh Seventh (67) Meeting of the General Conference of the Organization, is approved. International Labour, Geneva, dated nineteen (19) June of one thousand nine hundred and eighty-one (1981).
COLOMBIA CONGRESS:
Having regard to the text of the "Convention number fifty-four (154) on the Promotion of Collective Bargaining", adopted at the sixtieth seventh (67) Meeting of the General Conference of the International Labour Organization, Geneva, with Date nineteen (19) of June thousand nine hundred and eighty one (1981), which to the letter says:
(To be transcribed: photocopy of the full text of the aforementioned International Instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
INTERNATIONAL WORK CONFERENCE
CONVENTION NUMBER 154
CONVENTION ON THE PROMOTION OF COLLECTIVE BARGAINING
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 3, 1981, at its sixth meeting;
Reaffirming the passage of the Philadelphia Declaration recognizing " the solemn obligation of the International Labor Organization to promote, among all nations of the world, programs to enable ... to achieve effective recognition of the collective bargaining rights, and noting that this principle is "fully applicable to all peoples";
Taking into account the capital importance of international standards contained in the Convention on Freedom of Association and the Protection of the Right to Organise, 1948; in the Convention on the Right to Organise and Collective Bargaining, In the Recommendation on collective contracts, 1951; in the Recommendation on voluntary conciliation and arbitration, 1951; in the Convention and the Recommendation on working relations in the public administration, 1978, and in the Convention and Recommendation on the Administration of Work, 1978;
Whereas greater efforts should be made to achieve the objectives of these standards and in particular the general principles set out in Article 4 of the Convention on the Right to Organise and Collective Bargaining, 1949, and in Paragraph 1 of the Recommendation on collective contracts, 1951;
Whereas, therefore, that these rules should be supplemented by appropriate measures based on those rules and intended to encourage collective free and voluntary bargaining;
Having decided to adopt a number of proposals concerning the promotion of collective bargaining, which is the fourth item on the agenda of the meeting, and
Having decided that such propositions are in the form of an international convention,
adopts, dated June 19, one thousand nine hundred and eighty-one, this Convention, which may be cited as the Convention on Collective Bargaining, 1981:
APPLICATION FIELD AND DEFINITIONS.
1. This Convention applies to all branches of economic activity.
2. National legislation or practice may determine to what extent the guarantees provided for in this Convention are applicable to the armed forces and to the police.
3. In the case of public administration, national legislation or practice may lay down special detailed rules for the application of this Convention.
ARTICLE 2o. For the purposes of this Convention, the expression "collective bargaining" comprises all negotiations that take place between an employer, an employer group or an organization or several employers 'organisations, on the one hand, and one organisation or several workers' organisations, on the other hand, in order to:
(a) setting working and employment conditions, or
b) regulating relationships between employers and workers, or
c) to regulate relationships between employers or their organizations and an organization or various workers ' organizations, or achieve all of these ends at a time.
1. Where national law or practice recognises the existence of representatives of workers meeting the definition of Article 3 (b) of the Convention on the representatives of workers, 1971, the law or practice National authorities may determine to what extent the term "collective bargaining" extends equally, for the purposes of this Convention, to negotiations with such representatives.
2. Where, pursuant to paragraph 1 of this Article, the term "collective bargaining" also includes negotiations with the representatives of the workers referred to in that paragraph, appropriate measures shall be taken, if necessary, to ensure that the existence of such representatives is not used to undermine the position of the workers ' organisations concerned.
APPLICATION METHODS.
ARTICLE 4o. To the extent that they are not applied through collective contracts, by arbitration awards or by any other means in accordance with national practice, the provisions of the This Convention shall be applied by means of national legislation.
FOSTERING COLLECTIVE BARGAINING.
1. Appropriate measures should be taken to promote collective bargaining in national conditions.
2. The measures referred to in paragraph 1 of this Article shall be such as to:
(a) collective bargaining is made possible for all employers and all categories of workers in the branches of activity to which this Convention applies;
(b) collective bargaining is progressively extended to all matters referred to in paragraphs (a), (b) and (c) of Article 2 of this Convention;
c) be encouraged to establish agreed procedural rules between employers 'organizations and workers' organizations;
(d) collective bargaining is not hindered by the absence of rules governing its development or the inadequacy or improper character of such rules;
e) the bodies and procedures for the settlement of labour disputes are designed in such a way as to contribute to the promotion of collective bargaining.
ARTICLE 6o. The provisions of this Convention shall not impede the functioning of systems of working relations in which collective bargaining takes place within the framework of mechanisms or institutions of conciliation or arbitration, or both at the same time, in which the parties voluntarily participate in collective bargaining.
ARTICLE 7o. The measures taken by public authorities to stimulate and encourage the development of collective bargaining should be the subject of prior consultations and, where possible, agreements between public authorities and employers 'and workers' organisations.
ARTICLE 8o. The measures envisaged to promote collective bargaining shall not be designed or applied in such a way as to impede the freedom of collective bargaining.
FINAL PROVISIONS.
ARTICLE 9o. This Convention does not review any agreements or any international recommendations of the existing work.
ARTICLE 10. The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.
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 of its ratification.
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 a further period of 10 years, and may subsequently denounce this Convention at the end of each 10-year period, subject to the conditions laid down in this Article.
1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the Registration of all 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.
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 that you have recorded in accordance with the preceding articles.
ARTICLE 15. Each time you deem it 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 whether the question of its full or partial review should be included on the agenda of the Conference.
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 Convention, notwithstanding the provisions contained in Article 12, provided that the new review agreement has entered into force;
(b) As of 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.
ARTICLE 17. The English and French versions of the text of this Convention are equally authentic.
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,
NOTES:
That the present is faithful photocopy of the certified copy of the "Convention number one hundred and fifty four (154) on the promotion of Collective Bargaining", adopted at the Seventh Seventh (67a.) Meeting of the General Conference of the Organization International Labour, Geneva, dated nineteen (19) June of a thousand nine hundred and eighty-one (1981), a document that rests in the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá D. C., at ten (10) days of the month of July of a thousand nine hundred and ninety-seven (1997).
HECTOR ADOLFO SYNTURA VARELA.
the Chief Legal Officer,
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., July 3, 1997
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ERNESTO SAMPER PIZANO
(Fdo.) MARIA EMMA MEJIA VELEZ.
The Foreign Minister,
DECRETA:
ARTICLE 1o. Approve the " Convention number one hundred and fifty four (154) on the Promotion of Collective Bargaining, adopted at the sixtieth seventh (67a.) Meeting of the General Conference of the Organization International Labour, Geneva, dated nineteen (19) June of one thousand nine hundred and eighty-one (1981).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention number one hundred and fifty-four (154) on the Promotion of Collective Bargaining" adopted at the sixtieth seventh (67a.) Meeting of the General Conference of the International Labour Organization, Geneva, dated Nineteen (19) of June of a thousand nine hundred and eighty-one (1981), which is approved by Article 1 of this Law, shall bind 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.
FABIO VALENCIA COSSIO.
The President of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The Secretary General of the honorable Senate of the Republic,
EMILIO MARTINEZ ROSALES.
The President of the honorable House of Representatives,
GUSTAVO BUSTAMANTE MORATTO.
The Secretary General of the honorable House of Representatives,
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND PUBLISH.
Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.
Dada en Santa Fe de Bogota, D. C., 12 August 1999.
ANDRES PASTRANA ARANGO
GUILLERMO FERNANDEZ DE SOTO.
The Foreign Minister,
HERNANDO YEPES ARCILA.
The Minister of Labour and Social Security,
