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<title>C.151 Labour Relations (Public Service)</title>
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C151 Labour Relations (Public Service) Convention, 1978 
</font></h3></b>
<p><font size=-2>
  Convention concerning Protection of the Right to Organise and Procedures for
  Determining Conditions of Employment in the Public Service 
  (Note: Date of coming into force: 25:02:1981.) 
      <br>
      Convention:C151 
      <br>
      Place:Geneva 
      <br>
      Session of the Conference:64 
      <br>
      Date of adoption:27:06:1978 
      <br>
      Subject classification: Freedom of Association
      <br>
      Subject classification: Collective Bargaining and Agreements
      <br>
</FONT></p>
<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 Sixty-fourth Session on 7 June 1978, and<p>
<p>
Noting the terms of the Freedom of Association and Protection of the Right to 
Organise Convention, 1948, the Right to Organise and Collective Bargaining 
Convention, 1949, and the Workers' Representatives Convention and 
Recommendation, 1971, and<p>
<p>
Recalling that the Right to Organise and Collective Bargaining Convention, 
1949, does not cover certain categories of public employees and that the 
Workers' Representatives Convention and Recommendation, 1971, apply to 
workers' representatives in the undertaking, and<p>
<p>
Noting the considerable expansion of public-service activities in many 
countries and the need for sound labour relations between public authorities 
and public employees' organisations, and<p>
<p>
Having regard to the great diversity of political, social and economic systems 
among member States and the differences in practice among them (e.g. as to the 
respective functions of central and local government, of federal, state and 
provincial authorities, and of state-owned undertakings and various types of 
autonomous or semi-autonomous public bodies, as well as to the nature of 
employment relationships), and<p>
<p>
Taking into account the particular problems arising as to the scope of, and 
definitions for the purpose of, any international instrument, owing to the 
differences in many countries between private and public employment, as well 
as the difficulties of interpretation which have arisen in respect of the 
application of relevant provisions of the Right to Organise and Collective 
Bargaining Convention, 1949, to public servants, and the observations of the 
supervisory bodies of the ILO) on a number of occasions that some governments 
have applied these provisions in a manner which excludes large groups of 
public employees from coverage by that Convention, and<p>
<p>
Having decided upon the adoption of certain proposals with regard to freedom 
of association and procedures for determining conditions of employment in the 
public service, 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-seventh day of June of the year one thousand nine hundred 
and seventy-eight, the following Convention, which may be cited as the Labour 
Relations (Public Service) Convention, 1978:<p>
<p>
<p> 
<p>
Part I. Scope and Definitions<p>
<p>
Article 1<p>
1. This Convention applies to all persons employed by public authorities, to 
the extent that more favourable provisions in other international labour 
Conventions are not applicable to them.<p>
<p>
2. The extent to which the guarantees provided for in this Convention shall 
apply to high-level employees whose functions are normally considered as 
policy-making or managerial, or to employees whose duties are of a highly 
confidential nature, shall be determined by national laws or regulations.<p>
<p>
3. The extent to which the guarantees provided for in this Convention shall 
apply to the armed forces and the police shall be determined by national laws 
or regulations.<p>
<p>
Article 2<p>
For the purpose of this Convention, the term <i>  public employee  </i> means any 
person covered by the Convention in accordance with Article 1 thereof.<p>
<p>
Article 3<p>
For the purpose of this Convention, the term <i>  public employees' organisation 
</i> means any organisation, however composed, the purpose of which is to further 
and defend the interests of public employees.<p>
<p>
Part II. Protection of the Right to Organise<p>
<p>
Article 4<p>
1. Public employees shall enjoy adequate protection against acts of anti-union 
discrimination in respect of their employment.<p>
<p>
2. Such protection shall apply more particularly in respect of acts calculated 
to--<p>
 (a) make the employment of public employees subject to the condition that 
they shall not join or shall relinquish membership of a public employees' 
organisation;<p>
 (b) cause the dismissal of or otherwise prejudice a public employee by reason 
of membership of a public employees' organisation or because of participation 
in the normal activities of such an organisation.<p>
<p>
Article 5<p>
1. Public employees' organisations shall enjoy complete independence from 
public authorities.<p>
<p>
2. Public employees' organisations shall enjoy adequate protection against any 
acts of interference by a public authority in their establishment, functioning 
or administration.<p>
<p>
3. In particular, acts which are designed to promote the establishment of 
public employees' organisations under the domination of a public authority, or 
to support public employees' organisations by financial or other means, with 
the object of placing such organisations under the control of a public 
authority, shall be deemed to constitute acts of interference within the 
meaning of this Article.<p>
<p>
Part III. Facilities to be Afforded to Public Employees' Organisations<p>
<p>
Article 6<p>
1. Such facilities shall be afforded to the representatives of recognised 
public employees' organisations as may be appropriate in order to enable them 
to carry out their functions promptly and efficiently, both during and outside 
their hours of work.<p>
<p>
2. The granting of such facilities shall not impair the efficient operation of 
the administration or service concerned.<p>
<p>
3. The nature and scope of these facilities shall be determined in accordance 
with the methods referred to in Article 7 of this Convention, or by other 
appropriate means.<p>
<p>
Part IV. Procedures for Determining Terms and Conditions of Employment<p>
<p>
Article 7<p>
Measures appropriate to national conditions shall be taken, where necessary, 
to encourage and promote the full development and utilisation of machinery for 
negotiation of terms and conditions of employment between the public 
authorities concerned and public employees' organisations, or of such other 
methods as will allow representatives of public employees to participate in 
the determination of these matters.<p>
<p>
Part V. Settlement of Disputes<p>
<p>
Article 8<p>
The settlement of disputes arising in connection with the determination of 
terms and conditions of employment shall be sought, as may be appropriate to 
national conditions, through negotiation between the parties or through 
independent and impartial machinery, such as mediation, conciliation and 
arbitration, established in such a manner as to ensure the confidence of the 
parties involved.<p>
<p>
Part VI. Civil and Political Rights<p>
<p>
Article 9<p>
Public employees shall have, as other workers, the civil and political rights 
which are essential for the normal exercise of freedom of association, subject 
only to the obligations arising from their status and the nature of their 
functions.<p>
<p>
 <p>
PART VII. FINAL PROVISIONS<p>
<p>
Article 10<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 11<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 12<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 13<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<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 15<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 16<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 12 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 17<p>
   The English and French versions of the text of this Convention are equally 
authoritative.<p><font size=-1>

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