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C135 Workers' Representatives Convention, 1971 
</font></h3></b><font size=-2>
<br>
Convention concerning Protection and Facilities to be Afforded to Workers'
Representatives in the Undertaking 
(Note: Date of coming into force: 30:06:1973.) 
<br>Convention:C135 
<br>Place:Geneva 
<br>Session of the Conference:56 
<br>Date of adoption:23:06:1971 
<br>Subject classification: Freedom of Association
<br>Subject classification: Collective Bargaining and Agreements
<br>
<br>
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<p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
Having been convened at Geneva by the Governing Body of the International 
Labour Office, and having met in its Fifty-sixth Session on 2 June 1971, and<p>
<p>
Noting the terms of the Right to Organise and Collective Bargaining 
Convention, 1949, which provides for protection of workers against acts of 
anti-union discrimination in respect of their employment, and<p>
<p>
Considering that it is desirable to supplement these terms with respect to 
workers' representatives, and<p>
<p>
Having decided upon the adoption of certain proposals with regard to 
protection and facilities afforded to workers' representatives in the 
undertaking, which is the fifth item on the agenda of the session, and<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention,<p>
<p>
adopts the twenty-third day of June of the year one thousand nine hundred and 
seventy-one, the following Convention, which may be cited as the Workers' 
Representatives Convention, 1971:<p>
<p>
<p> 
<p>
Article 1<p>
Workers' representatives in the undertaking shall enjoy effective protection 
against any act prejudicial to them, including dismissal, based on their 
status or activities as a workers' representative or on union membership or 
participation in union activities, in so far as they act in conformity with 
existing laws or collective agreements or other jointly agreed arrangements.<p>
<p>
Article 2<p>
1. Such facilities in the undertaking shall be afforded to workers' 
representatives as may be appropriate in order to enable them to carry out 
their functions promptly and efficiently.<p>
<p>
2. In this connection account shall be taken of the characteristics of the 
industrial relations system of the country and the needs, size and 
capabilities of the undertaking concerned.<p>
<p>
3. The granting of such facilities shall not impair the efficient operation of 
the undertaking concerned.<p>
<p>
Article 3<p>
For the purpose of this Convention the term <i>  workers' representatives  </i> 
means persons who are recognised as such under national law or practice, 
whether they are--<p>
 (a) trade union representatives, namely, representatives designated or 
elected by trade unions or by members of such unions; or<p>
 (b) elected representatives, namely, representatives who are freely elected 
by the workers of the undertaking in accordance with provisions of national 
laws or regulations or of collective agreements and whose functions do not 
include activities which are recognised as the exclusive prerogative of trade 
unions in the country concerned.<p>
<p>
Article 4<p>
National laws or regulations, collective agreements, arbitration awards or 
court decisions may determine the type or types of workers' representatives 
which shall be entitled to the protection and facilities provided for in this 
Convention.<p>
<p>
Article 5<p>
Where there exist in the same undertaking both trade union representatives and 
elected representatives, appropriate measures shall be taken, wherever 
necessary, to ensure that the existence of elected representatives is not used 
to undermine the position of the trade unions concerned or their 
representatives and to encourage co-operation on all relevant matters between 
the elected representatives and the trade unions concerned and their 
representatives.<p>
<p>
Article 6<p>
Effect may be given to this Convention through national laws or regulations or 
collective agreements, or in any other manner consistent with national 
practice.<p>
<p>
 <p>
Article 7<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 8<p>
   1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
   2. It shall come into force twelve months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
   3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratifications has been registered.<p>
<p>
Article 9<p>
   1. A Member which has ratified this Convention may denounce it after the 
expiration of ten years from the date on which the Convention first comes into 
force, by an Act communicated to the Director-General of the International 
Labour Office for registration. Such denunciation should not take effect until 
one year after the date on which it is registered.<p>
<p>
   2. Each Member which has ratified this Convention and which does not, 
within the year following the expiration of the period 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 terms provided for in this Article.<p>
<p>
Article 10<p>
   1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organisation of the registration of all 
ratifications and denunciations communicated to him by the Members of the 
Organisation.<p>
<p>
   2. When notifying the Members of the Organisation of the registration of 
the second ratification communicated to him, the Director-General shall draw 
the attention of the Members of the Organisation to the date upon which the 
Convention will come into force.<p>
<p>
Article 11<p>
   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 by him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 12<p>
   At such times as may consider necessary the Governing Body of the 
International Labour Office shall present to the General Conference a report 
on the working of this Convention and shall examine the desirability of 
placing on the agenda of the Conference the question of its revision in whole 
or in part.<p>
<p>
Article 13<p>
   1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides:<p>
<p>
a) the ratification by a Member of the new revising Convention shall ipso jure 
involve the immediate denunciation of this Convention, notwithstanding the 
provisions of Article 9 above, if and when the new revising Convention shall 
have come into force;<p>
<p>
b) as from the date when the new revising Convention comes into force this 
Convention shall cease to be open to ratification by the Members.<p>
   2. This Convention shall in any case remain in force in its actual form and 
content for those Members which have ratified it but have not ratified the 
revising Convention.<p>
<p>
Article 14<p>
   The English and French versions of the text of this Convention are equally 
authoritative.<p>
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