On ratification by the Republic of Kazakhstan of the 1976 Convention on Tripartite Consultations (International Labour Standards)

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The Law of the Republic of Kazakhstan dated December 30, 1999 No. 12-II

To ratify the 1976 Convention on Tripartite Consultations (International Labour Standards), adopted in Geneva on June 21, 1976.

President N.Nazarbayev of the Republic of Kazakhstan

 Convention 144

Convention on Tripartite Consultations to Promote the Application of International Labour Standards

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 2 June 1976 for its sixty-first session, noting the provisions of existing international conventions and recommendations in the field of labour, in particular: the 1948 Convention on Freedom of Association and Protection of the Right to Organize, the 1949 Convention on the Right to Organize and for Collective Bargaining and the 1960 Recommendation on Sectoral and National Consultations, which affirm the right of entrepreneurs and workers to establish free and independent organizations and require measures to enhance the effectiveness of consultations at the national level between government authorities and organizations of entrepreneurs and workers, as well as the provisions of numerous international conventions and recommendations in the field of labor, which provide for consultations with organizations of entrepreneurs and workers for the application of these conventions and recommendations, having considered fourth item on the agenda of the session, Which is entitled "Establishment of a tripartite mechanism to promote the application of international labour standards", and having decided to adopt a number of proposals for tripartite consultations to promote the application of international labour standards, having decided to give these proposals the form of a convention, adopts this twenty-first day of June one thousand nine hundred and seventy-sixth the following Convention, which may be referred to as the 1976 Convention on Tripartite Consultations (international labor standards):

Article 1

In this Convention, the term "representative organizations" means the most representative organizations of entrepreneurs and workers enjoying the right to freedom of association.

Article 2

1. Each Member of the International Labour Organization that ratifies this Convention shall implement procedures that ensure effective consultations between representatives of the Government, employers and workers on matters related to the activities of the International Labour Organization referred to in article 5, paragraph 1. 2 below. Each country shall determine the nature and form of the procedures provided for in paragraph 1 of this article, in accordance with national practice, after consulting with representative organizations where such organizations exist and where such procedures have not yet been established.

Article 3

1. Representatives of entrepreneurs and workers, for the purposes of carrying out the procedures provided for in this Convention, are freely chosen by their representative organizations, where such organizations exist. 2. Entrepreneurs and workers are represented on an equal basis in any bodies through which consultations are conducted.

Article 4

1. The competent authority is responsible for the administrative provision of the procedures provided for in this Convention. 2. Appropriate arrangements are made between the competent authority and representative organizations where such organizations exist to finance any necessary training for participants in such procedures.

Article 5

1. The purpose of the procedures provided for in this Convention is to consult: (a) on Government responses to the questionnaires on the agenda items of the International Labour Conference and on Government comments on proposed texts to be discussed by the Conference; (b) on proposals to the competent authority or authorities in connection with the submission of conventions and recommendations in accordance with Article 19 of the Constitution of the International Labour Organization; (c) To review, at appropriate intervals, non-ratified conventions and recommendations that have not yet been applied, with a view to identifying measures that could be taken to facilitate their application and, where appropriate, ratification; (d) On issues arising from reports to be submitted to the International Labour Office in accordance with article 22 of the Charter of the International Labour Organization; (e) On proposals to denounce ratified conventions. 2. In order to ensure proper consideration of the issues referred to in paragraph 1 of this article, consultations shall be held at appropriate intervals established by agreement, but at least once a year.

Article 6

The competent authority shall issue an annual report on the implementation of the procedures provided for in this Convention, when deemed necessary after consultation with representative organizations where such organizations exist.

Article 7

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 8

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 9

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure established in this article.

Article 10

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification and denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.

Article 11

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications and denunciations registered by him in accordance with the provisions of the preceding articles.

Article 12

Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and consider whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 13

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the Organization of the new revising Convention shall automatically entail, regardless of the provisions of Article 9, the immediate denunciation of this Convention, provided that the new, the revising Convention has entered into force; b) starting from the date of entry into force of the new revising Convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the revising Convention.

Article 14

The English and French texts of this Convention are equally authentic.

President

Republic of Kazakhstan

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