<ПРАВИЛА СУДА> [англ.](Вместе с <ИЗВЛЕЧЕНИЕМ ИЗ РЕЗОЛЮЦИИ, ПРИНЯТОЙ АССАМБЛЕЕЙ ЛИГИ НАЦИЙ 18 АПРЕЛЯ 1946>, <ФОРМОЙ, УПОМЯНУТОЙ В СТАТЬЕ 7 ПРАВИЛ СУДА>)(Приняты 22.02.1947 Административным трибуналом МОТ)(с изм. и доп. от 11.07.1957)
INTERNATIONAL LABOUR ORGANISATION
(Amended on 10 August 1953 and 11 July 1957)
Subject to any contrary decision of the
International Labour Conference the term of office of members of the Tribunal
commences on 1 January of the year following their appointment by the
International Labour Conference.
1. At its annual session
the Tribunal shall elect its President and its Vice-President for a period of
one year. The elected President and Vice-President shall take office
immediately. They shall be eligible for re-election.
2. In any event the
retiring President and Vice-President shall remain in office until their
successors are elected.
3. The elections shall be made by a majority
1. The President shall direct the oral proceedings of
the Tribunal. He shall represent it in all administrative matters.
the President is unable to act, the Vice-President or, if the latter is unable
to act, the third judge, shall act as President.
Tribunal shall have a Registrar and an Assistant Registrar appointed by the
Director-General of the International Labour Office.
2. The Registrar
and the Assistant Registrar, if unable to act, or if the posts are vacant, shall
be replaced by an official appointed by the Director-General of the
International Labour Office.
1. In accordance with article
IV of its Statute, the Tribunal shall hold one ordinary session in each year,
subject to there being cases on the list and to such cases being, in the opinion
of the President, of a character to justify holding the session. This ordinary
session shall open in May or on another date to be fixed by the President.
2. The President"s decision shall be notified to the judges and deputy judges
at least thirty days before the opening of the session.
3. Requests for
an extraordinary session by the Chairman of the Governing Body of the
International Labour Office shall be addressed to the President of the Tribunal
through the Registrar.
4. The same notice of the President"s decision
shall be given to the members of the Tribunal as is provided in the second
5. A judge who is unable to attend a session shall so
inform the Registrar by telegram, and the latter shall in such case forthwith
inform the President, who will then call upon one of the deputy judges to
6. A copy of the dossier of each case shall be sent to each member
of the Tribunal so soon as its composition for each particular session has been
7. The President may, as circumstances may require,
advance or adjourn the opening of any session of the Tribunal.
1. Complaints instituting proceedings before the
Tribunal and all communications relating to such proceedings shall be addressed
to the President through the Registrar. The Registrar shall effect all
transmission of documents and giving of notifications necessary in connection
with proceedings before the Tribunal.
2. Unless the Tribunal otherwise
decides, a communication of a document or a notification shall be deemed to have
been duly effected eight days after its despatch to the address of the person
concerned, provided it is sent by registered post and the fee paid for a
certificate of delivery. This period shall be extended by one day for every 20
myriametres in excess of 200 myriametres.
3. In the application of
paragraph 2 of article VII of the Statute of the Administrative Tribunal, the
date of despatch of the complaint shall alone be taken into account.
1. Complaints must be drawn up in French or English on the
annexed form, copies of which may be obtained from the Registrar. All the
information required by the form must be given on the form or on annexed sheets.
The originals or, where this is not possible, copies of all the documents relied
on must be annexed to the complaint. Documents which are not in French or
English must be accompanied by a certified translation into one of those
2. Complaints must be signed by the complainant or his legal
representatives or by an agent who is a member of a regular Bar of a country
which is a Member of the International Labour Organisation.
3. With the
complaint must be supplied five copies of the complaint and of the annexed
documents. These copies must be certified correct by the signature of the
complainant or his representative.
4. If the requirements of this
article are not fulfilled the Registrar shall call upon the complainant to make
the necessary corrections in his complaint within one month. He shall return the
papers to him for this purpose.
1. On receiving a complaint,
the Registrar, after satisfying himself that the requirements of article 7 are
complied with, shall deliver a copy of the complaint and annexed documents, in
the form provided for in article 7, to the administration concerned.
Within 30 days from the date of such delivery, the administration concerned
shall deliver its reply to the Registrar, annexing thereto the originals or, if
this is not possible, copies of all documents upon which it relies. With the
reply shall be delivered five copies of the reply and of the annexed documents,
authenticated by the signature of the official signing the reply. Documents
which are not in French or English shall be accompanied by a translation into
one of those languages.
1. On receiving the reply and
satisfying himself that the requirements of article 8 are complied with, the
Registrar shall send one copy, with the annexed documents, to the
2. The President may, on his own motion, or at the request
of either party, decide that the parties shall deliver an additional written
statement or additional documents and fix the period within which such delivery
shall be made. The originals of the documents shall be produced, unless this is
impossible. The additional written statement and the additional documents shall
be accompanied by five certified copies. Any document not drawn up in English or
French shall be accompanied by a translation into one of those languages.
3. When the President considers the dossier of a case to be sufficiently
complete, he shall instruct the Registrar to place the case on the list. The
Registrar shall forthwith inform the parties of the inclusion of the case in the
4. So soon as the date of opening of the session at which a case
has been entered for hearing has been fixed, the Registrar shall notify the date
to the parties.
5. Any application for the adjournment of a case shall
be decided by the President, or, when the Tribunal is in session, by the
The Registrar shall make for each case a dossier
in which he shall enter the date at which any document or notification forming
part of the procedure is received in or despatched from his office.
1. The Tribunal may order such measures of investigation as it considers
desirable, including personal appearance of the parties before it, the hearing
of witnesses on oath, either on the motion of the Tribunal or on application by
the parties, expert inquiries, administration of oaths, and so forth.
Any measure of investigation may, if the President so orders, be effected by
1. The written proceedings shall be
followed by oral proceedings if the Tribunal so decides, either on its own
motion or on the request of one of the parties.
2. The oral proceedings
shall include the oral statements of the parties and the hearing of witnesses or
experts called either on the motion of the Tribunal or at the request of one of
1. During the oral proceedings the complainant
may either present his case personally or designate as his representative an
agent who must be a member of the Bar in a State Member of the defendant
organisation. The complainant may also, with the authorisation of the President,
be represented by an official of an organisation having recognised the
competence of the Tribunal possessing the requisite qualifications.
The defendant organisation shall be represented either by one of its officials
designated for the purpose or by an agent who is a member of the Bar in one of
the States Members of the Organisation.
1. The parties
shall indicate in a special application, which shall be annexed to the complaint
referred to in article 7, or to the reply referred to in article 8, the names
and description of the witnesses and experts whom they desire to be heard,
indicating the points to which the evidence is to refer.
Tribunal, or, between sessions, the President acting in virtue of the powers
conferred on him by article 19, shall decide on any application for the hearing
of witnesses or experts.
3. Where appropriate, the Tribunal may decide
that the witnesses shall reply in writing to the questions of the parties. Any
such replies shall be given under oath in the form prescribed herein before a
person authorised to administer the same at the witnesses" place of
4. The Registrar shall inform the parties of the decision of
the Tribunal regarding the hearing of witnesses and experts.
1. The Tribunal shall examine the witnesses and experts, to whom the parties
may put questions through the President.
2. Each witness shall make the
following declaration before giving his evidence:
"I swear that I shall
speak without hatred and without fear, and shall speak the truth, the whole
truth and nothing but the truth."
3. Each expert shall make the same
declaration as the witnesses, and shall thereafter make the following
"I swear that my statement will be in accordance with my
1. The Tribunal shall determine the
conduct of the oral proceedings. The parties shall nevertheless have the right
to make brief observations on testimony to which they have not yet replied.
2. The Tribunal may exclude evidence which it considers irrelevant,
frivolous or lacking in probative value. The Tribunal may also limit the oral
testimony where it is satisfied that the written documentation before the
Tribunal contains adequate proof.
1. The Director-General
of the International Labour Office, the Chairman of the Administrative Board of
the Pensions Fund, or their representatives, may, on giving previous notice to
the President of the Tribunal, intervene if they consider that their respective
administrations may be affected by the decision to be taken by the Tribunal.
2. Any person to whom the Tribunal is open under article II of its Statute
may apply to intervene in a case on the ground that he has a right which may be
affected by the judgment to be given.
3. The President or, when in
session, the Tribunal, may make an order directing the Registrar to give notice
of a complaint to any person whom they may determine, if it appears that it may
be advisable for such person to exercise the above right.
Applications to intervene may be made at any stage. The Tribunal shall decide
whether they shall be allowed.
The Tribunal or, in the
interval between its sessions, the President, may shorten or extend any time
limit fixed by the present Rules.
In the interval between
sessions the President may make provisional orders deciding, without prejudice
always to the ultimate rights of the parties, any application for measures
intended to establish the existence of facts which are material for the
subsequent decision of the dispute. The procedure shall be in writing by an
application addressed to the President, unless he decides that there shall be
oral proceedings in such place as he appoints.
which are not expressly provided for in the present Rules shall be dealt with by
decision of the Tribunal upon the particular case, in virtue of the powers which
it derives from article X of its Statute.
FROM THE RESOLUTION ADOPTED BY THE ASSEMBLY
LEAGUE OF NATIONS ON 18 APRIL 1946
following amendments are hereby made in the Statute or the League of Nations
(1) Wherever the words "League of Nations
Administrative Tribunal" occur in the Regulations, they shall be replaced by the
words "International Labour Organisation Administrative Tribunal".
Paragraph 1 of article III shall read as follows:
Tribunal shall consist of three judges and three
who shall all be of different
(ii) Subject to the provisions set out at (iii) below, the
judges and deputy judges shall be appointed by the
appropriate organ of the International Labour Organisation.
(iii) The terms of office of the judges and deputy judges
in office on January 1st, 1940, are prolonged until
1947, and thereafter until otherwise decided by the
organ of the International Labour Organisation.
Any vacancy which
occurs during the period in question shall
be filled by the said
(3) As from October 31st, 1946 <*>, but subject always to
subparagraph (4) below, the Administrative Tribunal shall have no jurisdiction
in regard to (a) complaints of non-observance of the terms of appointment of
officials of the Secretariat or of the Secretariat"s Staff Regulations; (b)
disputes concerning the compensation provided for by articles 45 or 70 of the
Secretariat"s Staff Regulations; or (c) complaints of non-observance of the
provisions of article 1 of the Staff Pensions Regulations, in so far as that
article provides for persons who have been appointed as officials of the
Secretariat or of the Registry of the Permanent Court becoming subject to those
Regulations, but the Tribunal shall otherwise retain its existing jurisdiction
under its Statute and under article 26 of the Staff Pensions Regulations.
<*> This date is selected as giving
sufficient time for adjudication of any disputes which may arise out of the
notices of dismissal which have been given to the officials of the Secretariat
and which take effect on 31 July 1946. In the unlikely event of a dispute
between the Administration and those officials who remain in service after 31
July, who will be on a purely temporary basis, the Board of Liquidation may be
trusted to find a just and equitable solution.
(4) Complaints already
transmitted to the Registrar of the Tribunal shall be heard and determined
notwithstanding the provisions of subparagraph (3).
(5) In order to
enable the International Labour Organisation to make by action of its
appropriate organ the changes in the Statute necessitated by subparagraphs (1)
and (2) above and such other amendments as it may from time to time consider
desirable, the third paragraph of article ХII of the Statute is amended to read
"The present Statute shall remain in force during the
pleasure of the General Conference of the International Labour Organisation. It
may be amended by the Conference or such other organ of the Organisation as the
Conference may determine."
MENTIONED IN ARTICLE 7 OF THE RULES OF COURT
Case No. ...... 19.. <1>
1. Administration against which the complaint is brought.
Christian names and etat-civil <2> of complainant.
3. Nationality of
4. Address of complainant for purposes of the procedure.
5. If the complainant is not an official, state, in the space here
(a) the name, Christian names, etat-civil <2> and nationality
of the official whose rights are relied on;
(b) the relation of the
complainant to the said official which entitles the former to come before the
6. Date of the decision impugned.
7. Date of
notification of the decision to the complainant, or of publication in the case
of a decision affecting a class of officials.
8. In default of any
decision by the administration (article VII, paragraph 3, of the Statute of the
Tribunal), state here the date on which the complainant"s claim was notified to
9. Signed list of the documents produced by the
complainant in support of his claim and annexed to the present complaint.
10. A brief statement of the facts and arguments adduced in support of the
complaint must form the first document annexed thereto.
sought by the complainant, namely, that the Tribunal will be pleased to
12. Signature of the complainant or his
representative, and date.
To be filled in by the Registrar on delivery of the complaint.
date and place of birth, whether married or single.