RS 0.822.724.4 Convention No. 144 of 21 June 1976 on tripartite consultations to promote the implementation of international labour standards

Original Language Title: RS 0.822.724.4 Convention no 144 du 21 juin 1976 concernant les consultations tripartites destinées à promouvoir la mise en œuvre des normes internationales du travail

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0.822.724.4

Original text

Convention n ^O 144 concerning tripartite consultations to promote the implementation of international labour standards

Concluded at Geneva on 21 June 1976

Approved by the Federal Assembly on March 9, 2000 ¹

Instrument of ratification deposited by Switzerland on 28 June 2000

Entry into force for Switzerland on 28 June 2001

(Status on 5 August 2015)

The General Conference of the International Labour Organization,

Convened in Geneva by the Executive Board of the International Labour Office, and met on 2 June 1976, at its sixty-first session;

Recalling the terms of existing international labour conventions and recommendations-in particular the Convention on Freedom of Association and the Protection of the Right to Organist ², 1948, Convention on the Right to Organising and Collective Bargaining ³, 1949, and the recommendation on consultation at the industrial and national levels, 1960-which affirm the right of employers and workers to establish free and independent organizations and call for action to be taken to Promote effective consultations at national level between public authorities and employers'and workers' organisations, as well as the provisions of numerous international labour conventions and recommendations which provide for Consultation with employers'and workers' organisations on measures to be taken Take to give effect to them;

Having considered the fourth item on the agenda of the session, which is entitled " Creation of tripartite mechanisms to promote the implementation of international labour standards, and after deciding to adopt certain Proposals for tripartite consultations to promote the implementation of international labour standards;

Having decided that these proposals would take the form of an international convention,

Adopts, this twenty-first day of June, nine hundred and seventies, the following convention, which will be called the Convention on Tripartite Consultations on International Labour Standards, 1976.

Art. 1

In this Convention, the terms'representative organisations' mean the organisations most representative of employers and workers, enjoying the right to trade union freedom.

Art. 2

Any Member of the International Labour Organization ratifying this Convention shall undertake to implement procedures that ensure effective consultation between representatives of government, employers and workers On matters relating to the activities of the International Labour Organization, as set out in Art. 5, para. 1, below.

2. The nature and form of the procedures provided for in s. 1 of this Article shall be determined in each country, in accordance with national practice, after consultation with representative organisations, if any, and if such procedures have not yet been established.

Art. 3

For the purposes of the procedures referred to in this Convention, representatives of employers and workers shall be freely chosen by their representative organisations, if any.

2. Employers and workers will be represented on an equal footing in any organization through which consultations would take place.

Art. 4

The competent authority shall assume responsibility for the administrative support of the procedures referred to in this Convention.

2. Appropriate arrangements shall be made between the competent authority and representative organisations, if any, for the financing of any training necessary for persons participating in these proceedings.

Art. 5

1. The procedures covered by this Convention shall be the subject of consultations on:

(a): Replies from Governments to questionnaires on items on the agenda of the International Labour Conference and comments by Governments on draft texts to be discussed by the Conference;
(b): Proposals to be submitted to the competent authority or authorities in relation to the tender which is to be made to them of the conventions and recommendations, in accordance with Art. 19 of the Constitution of the International Labour Organization ¹;
(c): Review, at appropriate intervals, of unratified conventions and recommendations to which it has not yet been given effect, to consider measures that could be taken to promote their implementation and ratification, Where applicable;
(d): The questions that may be asked by the reports to be submitted to the International Labour Office under Art. 22 of the Constitution of the International Labour Organization;
(e): Proposals for the denunciation of ratified conventions.

2. In order to ensure an adequate review of the issues referred to in s. 1 of this Article, consultations shall take place at appropriate intervals fixed by mutual agreement, but at least once a year.

¹ RS 0.820.1

Art. 6

Where appropriate after consultation with representative organisations, if any, the competent authority shall produce an annual report on the operation of the procedures covered by this Convention.

Art. 7

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

Art. 8

(1) This Convention shall bind only the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

Art.

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound By a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

Art. 10

The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

Art. 11

The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the United Nations Charter ¹, complete information about all ratifications and all acts of denunciation which it will have registered with the previous articles.

¹ RS 0.120

Art. 12

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the implementation of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

Art. 13

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

(a): Ratification by a Member of the new revision agreement would automatically entail, notwithstanding s. 9 above, immediate denunciation of this Convention, provided that the new revision agreement has entered into force;
(b): From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

Art. 14

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

(Suivent signatures)

Scope of application on 5 August 2015 ⁴


States Parties	Ratification Statement of Succession (S)		Entry into force


Afghanistan	7 April	2010	7 April	2011
South Africa	18 February	2003	18 February	2004
Albania	30 June	1999	30 June	2000
Algeria	July 12	1993	July 12	1994
Germany	July 23	1979	July 23	1980
Antigua and Barbuda	16 September	2002	16 September	2003
Argentina	13 April	1987	13 April	1988
Armenia	29 April	2005	29 April	2006
Australia ^*	11 June	1979	11 June	1980
Austria	2 March	1979	2 March	1980
Azerbaijan	August 12	1993	August 12	1994
Bahamas	August 16	1979	August 16	1980
Bangladesh	April 17	1979	April 17	1980
Barbados	April 6	1983	April 6	1984
Belarus	September 15	1993	September 15	1994
Belgium	29 October	1982	29 October	1983
Belize	6 March	2000	6 March	2001
Benin	11 June	2001	11 June	2002
Bosnia and Herzegovina	July 11	2006	July 11	2007
Botswana	5 June	1997	5 June	1998
Brazil	27 September	1994	27 September	1995
Bulgaria	12 June	1998	12 June	1999
Burkina Faso	July 25	2001	July 25	2002
Burundi	10 October	1997	10 October	1998
Chile	July 29	1992	July 29	1993
China	2 November	1990	2 November	1991
Hong Kong ^*^A	6 June	1997	1 ^Er July	1997
Macao ^B	20 December	1999	20 December	1999
Cyprus	28 June	1977	28 June	1978
Colombia	9 November	1999	9 November	2000
Comoros	6 June	2014	6 June	2015
Congo (Brazzaville)	26 November	1999	26 November	2000
Congo, Kinshasa	20 June	2001	20 June	2002
Korea (South)	15 November	1999	15 November	2000
Costa Rica	July 29	1981	July 29	1982
Côte d' Ivoire	5 June	1987	5 June	1988
Denmark ^*	6 June	1978	6 June	1979
Djibouti	28 February	2005	28 February	2006
Dominica	29 April	2002	29 April	2003
Egypt	25 March	1982	25 March	1983
El Salvador	15 June	1995	15 June	1996
Ecuador	23 November	1979	23 November	1980
Spain	13 February	1984	13 February	1985
Estonia	22 March	1994	22 March	1995
United States	15 June	1988	15 June	1989
Commonwealth of the Northern Mariana Islands ^B	28 February	1989	15 June	1989
Guam ^B	28 February	1989	15 June	1989
U.S. Virgin Islands ^B	28 February	1989	15 June	1989
Puerto Rico ^B	28 February	1989	15 June	1989
American Samoa ^B	28 February	1989	15 June	1989
Territories under the jurisdiction of the Pacific Islands ^B	28 February	1989	15 June	1989
Ethiopia	6 June	2011	6 June	2012
Fiji	18 May	1998	18 May	1999
Finland	2 October	1978	2 October	1979
France	8 June	1982	8 June	1983
Guadeloupe ^B	8 June	1982	8 June	1983
Guyana (French) ^B	8 June	1982	8 June	1983
Martinique ^B	8 June	1982	8 June	1983
New Caledonia ^B	9 May	1986	9 May	1986
French Polynesia ^B	9 May	1986	9 May	1986
Meeting ^B	8 June	1982	8 June	1983
Saint Pierre and Miquelon ^B	8 June	1982	8 June	1983
Gabon	6 December	1988	6 December	1989
Ghana	6 June	2011	6 June	2012
Greece	August 28	1981	August 28	1982
Grenada	25 October	1994	25 October	1995
Guatemala	13 June	1989	13 June	1990
Guinea	October 16	1995	October 16	1996
Guyana	10 January	1983 S	10 January	1983
Honduras	12 June	2012	12 June	2013
Hungary	4 January	1994	4 January	1995
India	February 27	1978	February 27	1979
Indonesia	17 October	1990	17 October	1991
Iraq	11 September	1978	11 September	1979
Ireland	22 June	1979	22 June	1980
Iceland	30 June	1981	30 June	1982
Israel	21 January	2010	21 January	2011
Italy	18 October	1979	18 October	1980
Jamaica	23 October	1996	23 October	1997
Japan	14 June	2002	14 June	2003
Jordan	August 5	2003	August 5	2004
Kazakhstan	13 December	2000	13 December	2001
Kenya	6 June	1990	6 June	1991
Kyrgyzstan	12 January	2007	12 January	2008
Kuwait	August 15	2000	August 15	2001
Laos	29 October	2010	29 October	2011
Lesotho	27 January	1998	27 January	1999
Latvia	July 25	1994	July 25	1995
Liberia	25 March	2003	25 March	2004
Lithuania	26 September	1994	26 September	1995
Macedonia	8 December	2005	8 December	2006
Madagascar	22 April	1997	22 April	1998
Malaysia	14 June	2002	14 June	2003
Malawi	1 ^Er October	1986	1 ^Er October	1987
Mali	23 January	2008	23 January	2009
Morocco	May 16	2013	May 16	2014
Mauritius	14 June	1994	14 June	1995
Mexico	28 June	1978	28 June	1979
Moldova	August 12	1996	August 12	1997
Mongolia	10 August	1998	10 August	1999
Montenegro	3 June	2006 S	3 June	2006
Mozambique	December 23	1996	December 23	1997
Namibia	3 January	1995	3 January	1996
Nepal	21 March	1995	21 March	1996
Nicaragua	1 ^Er October	1981	1 ^Er October	1982
Nigeria	3 May	1994	3 May	1995
Norway	August 9	1977	August 9	1978
New Zealand ^*	5 June	1987	5 June	1988
Uganda	13 January	1994	13 January	1995
Pakistan	25 October	1994	25 October	1995
Panama	11 June	2015	11 June	2016
Netherlands	27 July	1978	27 July	1979
Aruba	August 6	1986	August 6	1986
Peru	8 November	2004	8 November	2005
Philippines	10 June	1991	10 June	1992
Poland	15 March	1993	15 March	1994
Portugal	9 January	1981	9 January	1982
Central African Republic	5 June	2006	5 June	2007
Dominican Republic	15 June	1999	15 June	2000
Czech Republic	9 October	2000	9 October	2001
Romania	9 December	1992	9 December	1993
United Kingdom	February 15	1977	May 16	1978
Russia	18 December	2014	18 December	2015
Saint Kitts and Nevis	12 October	2000	12 October	2001
San Marino	23 May	1985	23 May	1986
Saint Vincent and the Grenadines	9 November	2010	9 November	2011
Sao Tome and Principe	17 June	1992	17 June	1993
Senegal	19 November	2004	19 November	2005
Serbia	13 May	2005	13 May	2006
Seychelles	28 October	2005	28 October	2006
Sierra Leone	21 January	1985	21 January	1986
Singapore	4 October	2010	4 October	2011
Slovakia	10 February	1997	10 February	1998
Slovenia	29 June	2011	29 June	2012
Sri Lanka	March 17	1994	March 17	1995
Sweden	May 16	1977	May 16	1978
Switzerland	28 June	2000	28 June	2001
Suriname	16 November	1979	16 November	1980
Swaziland	5 June	1981	5 June	1982
Syria	28 May	1985	28 May	1986
Tajikistan	23 January	2014	23 January	2015
Tanzania	30 May	1983	30 May	1984
Chad	7 January	1998	7 January	1999
Togo	8 November	1983	8 November	1984
Trinidad and Tobago	7 June	1995	7 June	1996
Turkey	July 12	1993	July 12	1994
Ukraine	May 16	1994	May 16	1995
Uruguay	22 May	1987	22 May	1988
Venezuela	17 June	1983	17 June	1984
Vietnam	9 June	2008	9 June	2009
Yemen	15 June	2000	15 June	2001
Zambia	4 December	1978	4 December	1979
Zimbabwe	14 December	1989	14 December	1990

^* ^{Reservations and declarations, see below.}
^A ^{Applicable with changes.}
^B Applicable without modification.

Reservations and declarations

Australia

Australia states that the Convention is not applicable to the Norfolk Islands.

Denmark

Denmark declares that the Convention is not applicable to the Faroe Islands and Greenland.

Hong Kong

With respect to the application of s. 3 of the Convention in the Hong Kong Special Administrative Region: " Employers and workers are represented by six members representing each of the parties in the Labour Advisory Board. Five of the employers'representatives are freely appointed by their respective associations and five of the workers' representatives are elected every two years by secret ballot by the workers' unions. The remaining members shall be appointed directly by the Chief Executive."

New Zealand

New Zealand states that the Convention is not applicable to Tokelau.

RO 2003 1620 ; FF 2000 292

¹ Art. 1 al. 1 let. A of March 9, 2000 ( RO 2003 926 )
² RS 0.822.719.7
³ RS 0.822.719.9
⁴ RO 2003 1625 , 2005 4447, 2008 33, 2010 3539, 2013 409, 2015 2735. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).

Status August 5, 2015