29 DE ABRIL DE 1980

729

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

Having determined that these proposals shall take the form of an international Convention,

Adopts this 27th day of June of the year 1978 the following Convention, which may be cited as the Labour Relation (Public Service) Convention, 1978:

Part I Scope and definitions

ARTIGLE H

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.

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.

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.

ARTICLE 2

For the purpose of this Convention, the term «public employée» means any person covered by the Convention in accordance with article 1 thereof.

ARTICLE 3

For the purpose of this Convention, the term «public employees' Organization» means any organization, however composed, the purpose of which is to further and defend the interests of public employees.

Part II Protection of the right to organize

ARTICLE 4

1 — Public employees shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.

2 — Such protection shall apply more particularly in respect of acts calculated to:

a) Make the employment of public employees

subject to the condition that they shall not join or shall relinquish membership of a public employees' organization;

b) Cause the dismissal of or otherwise prejudice

a public employee 'by reason of membership of a public employees' organization or because of participation in the normal activities of such an organization.

ARTICLE 5

1 — Public employees' organizations shall enjoy complete independence from public authorities.

2 — Public employees' organizations shall enjoy adequate protection against any acts of interference by a public authority in their establishment, functioning or administration.

3 — In particular, acts which are designed to promote the establishment of public employees' organizations under the domination of a public authority, or to support public employees' organizations by financial or other means, with the object of placing such organizations under the control of a public authority, shall be deemed to constitute acts of interference within the meaning of this article.

Part III

Facilities to be afforded to public employees' organizations

ARTICLE 6

1 — Such facilities shall be afforded to the representatives of recognized public employees' organizations 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.

2 — The granting of such facilities shall not impair the efficient operation of the administration or service concerned.

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.

Part IV

Procedures for determining terms and conditions of employment

ARTICLE 7

Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for negotiation of terms and conditions of employment between the public authorities concerned and public employees' organizations, or of such other methods as will allow representatives of public employees to participate in the détermination of these matters.

Part V Settlement of disputes

ARTICLE 8

The settlement of disputes arising itf connection with the determination of terms and conditions of employment shall be sought, as may be appropriate to national conditions, through negotiation between the partiees 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.