On ratification of the 1971 Convention on representatives of workers of the Republic of Kazakhstan

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Law of the Republic of Kazakhstan dated December 30, 1999 N 13-II

Approve the 1971 Convention on workers ' representatives, adopted in Geneva on June 23, 1971.

President Of The Republic Of Kazakhstan

135 Convention

Convention on the protection of the rights of representatives of workers at enterprises and the opportunities provided to them

(Entered into force on July 31, 2002-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

The General Conference of the International Labor Organization, convened by the Administrative Council of the International Labour Bureau in Geneva and convened on June 2, 1971 for its fifty-sixth session, provides for the protection of workers from any discriminatory actions aimed at undermining freedom of association in the field of Labor, taking into account the provisions of the 1949 Convention on the right to organize and conduct collective bargaining, which is the fifth item on the agenda of the session, having decided to adopt a number of proposals on the protection of the rights of workers in enterprises and the rights granted to them, deciding to give these proposals the form of the convention, which may be called the convention on the representatives of workers of 1971, it adopted this on the twenty-third of June of one thousand nine hundred and seventy-first year:

Article 1

In enterprises, representatives of workers enjoy effective protection against any actions that may harm them, including dismissal, based on their status or position as representatives of workers, or their membership in the union, or their participation in trade union activities to the extent that they act in accordance with applicable laws or collective agreements or other joint agreements.

Article 2

1.at Enterprises, representatives of workers are provided with the appropriate opportunities for their quick and effective performance of their duties. 2.in connection with this, the specifics of the labor relations system of that country, the need, size and capabilities of the relevant enterprise are taken into account.  3.the provision of such opportunities does not reduce the efficiency of the relevant enterprise.

Article 3

For the purposes of this convention, the term "workers ' commissioners" shall mean: (a) trade union commissioners appointed or elected by trade unions, specifically commissioners or members of such trade unions; or (B) persons who, in accordance with the provisions or principles of national law or the provisions of collective agreements, are freely elected by the workers of the enterprise and whose functions do not include

Article 4

National laws or regulations, collective agreements, arbitration or judicial decisions may define a category or categories of workers ' representatives whose protection and capabilities are recognized as provided for in this convention.

Article 5

In the presence of elected representatives in the same enterprise as trade union representatives, if necessary, appropriate measures should be taken to prevent the presence of elected representatives from being used to violate the views of interested trade unions or their representatives, as well as to encourage cooperation between elected representatives and interested trade unions and their representatives on all relevant issues.

Article 6

The implementation of this convention may be ensured in accordance with national practice, through national laws or principles, collective agreements, or in any other way.

Article 7

Official documents on the ratification of this convention are sent for registration to the Director General of the International Labor Bureau.

Article 8

1.this convention shall bind only members of the International Labour Organization to whom the general director has attached documents of ratification. 2.it comes into force twelve months after the general director has registered documents on the approval of two members of the organization. 3.then this convention shall enter into force in respect of each member of the organization twelve months after the date of registration of its instrument of ratification.

Article 9

1.any member of an organization that has ratified this convention may violate it by means of an act of breach addressed to and registered by the Director General of the International Labour Office within ten years of its initial entry into force. One year after the registration of the act of termination, this violation comes into force. 2. Each member of the organization that ratified this convention shall be bound for the next period for ten years and may then violate this convention in accordance with the procedure established by this article, with the passage of each period of ten years.

Article 10

1.The Director General of the International Labor Bureau shall notify the members of the International Labor Organization of the registration of all documents on approval and acts of termination received by him from the members of the organization. 2.the general director, informing the members of the Organization about the registration of the second document received by him on approval, draws their attention to the period of entry into force of this convention.

Article 11

The Director-General of the International Labour Office shall, in accordance with the provisions of the preceding articles, send to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full information concerning all documents of ratification and acts of breach registered by him.

Article 12

The Administrative Council of the International Labour Bureau, whenever it deems it necessary, submits a report to the General Conference on the application of this convention and decides whether it is advisable to include in the agenda of the conference the issue of its full or partial revision.

Article 13

1.if the conference adopts a new convention that fully or partially revises this convention, and if the new convention does not provide for any other, then: a) the ratification of a new convention under review by any member of the organization, regardless of the provisions of Article 9, shall result in immediate immediate termination of this convention if the new convention under review enters into force; B) from the date of entry into force of the new convention under review, this convention shall be closed for ratification by the members of the organization.  2. This convention shall remain in force in any form and content in respect of members of an organization that has established itself, but has not ratified the revised, new convention.

Article 14

The texts of this convention in English and French are equally valid.

Read More: Kasymbekov B. A. Ikebayeva A. Zh.

The Republic Of Kazakhstan

President

Republic of Kazakhstan

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