<СТАТУТ АДМИНИСТРАТИВНОГО ТРИБУНАЛА МЕЖДУНАРОДНОЙ ОРГАНИЗАЦИИ ТРУДА> [англ.](Вместе с <ПРИЛОЖЕНИЕМ>)(Принят 09.10.1946 на Генеральной конференции МОТ)(с изм. и доп. от 29.06.1949)
INTERNATIONAL LABOUR ORGANISATION
STATUTE
OF THE ADMINISTRATIVE
TRIBUNAL OF
THE INTERNATIONAL LABOUR
ORGANISATION
(9.X.1946)
(Amended by the said Conference on 29 June
1949)
Article I
There is established by the present Statute a Tribunal
to be known as the International Labour Organisation Administrative
Tribunal.
Article II
1. The Tribunal shall be competent to hear
complaints alleging non-observance, in substance or in form, of the terms of
appointment of officials of the International Labour Office, and of such
provisions of the Staff Regulations as are applicable to the case.
2. The
Tribunal shall be competent to settle any dispute concerning the compensation
provided for in cases of invalidity, injury or disease incurred by an official
in the course of his employment and to fix finally the amount of compensation,
if any, which is to be paid.
3. The Tribunal shall be competent to hear
any complaint of non-observance of the Staff Pensions Regulations or of rules
made in virtue thereof in regard to an official or the wife, husband or children
of an official, or in regard to any class of officials to which the said
Regulations or the said rules apply.
4. The Tribunal shall be competent
to hear disputes arising out of contracts to which the International Labour
Organisation is a party and which provide for the competence of the Tribunal in
any case of dispute with regard to their execution.
5. The Tribunal shall
also be competent to hear complaints alleging non-observance, in substance or in
form, of the terms of appointment of officials and of provisions of the Staff
Regulations of any other intergovernmental international organisation approved
by the Governing Body which has addressed to the Director-General a declaration
recognising, in accordance with its Constitution or internal administrative
rules, the jurisdiction of the Tribunal for this purpose, as well as its Rules
of Procedure.
6. The Tribunal shall be open -
(a) to the official,
even if his employment has ceased, and to any person on whom the official"s
rights have devolved on his death;
(b) to any other person who can show
that he is entitled to some right under the terms of appointment of a deceased
official or under provisions of the Staff Regulations on which the official
could rely.
7. Any dispute as to the competence of the Tribunal shall be
decided by it, subject to the provisions of article XII.
Article III
1.
The Tribunal shall consist of three judges and three deputy judges who shall all
be of different nationalities.
2. Subject to the provisions set out at
paragraph 3 below, the judges and deputy judges shall be appointed for a period
of three years by the Conference of the International Labour Organisation.
3. The terms of office of the judges and deputy judges who were in office on 1
January 1940 are prolonged until 1 April 1947 and thereafter until otherwise
decided by the appropriate organ of the International Labour Organisation. Any
vacancy which occurs during the period in question shall be filled by the said
organ.
4. A meeting of the Tribunal shall be composed of three members,
of whom one at least must be a judge.
Article IV
The Tribunal shall hold
ordinary sessions at dates to be fixed by the Rules of Court, subject to there
being cases on its list and to such cases being, in the opinion of the
President, of a character to justify holding the session. An extraordinary
session may be convened at the request of the Chairman of the Governing Body of
the International Labour Office.
Article V
The Tribunal shall decide in
each case whether the oral proceedings before it or any part of them shall be
public or in camera.
Article VI
1. The Tribunal shall take decisions by
a majority vote; judgments shall be final and without appeal.
2. The
reasons for a judgment shall be stated. The judgment shall be communicated in
writing to the Director-General of the International Labour Office and to the
complainant.
3. Judgments shall be drawn up in a single copy, which shall
be filed in the archives of the International Labour Office, where it shall be
available for consultation by any person concerned.
Article VII
1. A
complaint shall not be receivable unless the decision impugned is a final
decision and the person concerned has exhausted such other means of resisting it
as are open to him under the applicable Staff Regulations.
2. To be
receivable, a complaint must also have been filed within ninety days after the
complainant was notified of the decision impugned or, in the case of a decision
affecting a class of officials, after the decision was published.
3.
Where the Administration fails to take a decision upon any claim of an official
within sixty days from the notification of the claim to it, the person concerned
may have recourse to the Tribunal and his complaint shall be receivable in the
same manner as a complaint against a final decision. The period of ninety days
provided for by the last preceding paragraph shall run from the expiration of
the sixty days allowed for the taking of the decision by the
Administration.
4. The filing of a complaint shall not involve suspension
of the execution of the decision impugned.
Article VIII
In cases falling
under article II, the Tribunal, if satisfied that the complaint was well
founded, shall order the rescinding of the decision impugned or the performance
of the obligation relied upon. If such rescinding of a decision or execution of
an obligation is not possible or advisable, the Tribunal shall award the
complainant compensation for the injury caused to him.
Article IX
1. The
administrative arrangements necessary for the operation of the Tribunal shall be
made by the International Labour Office in consultation with the Tribunal.
2. Expenses occasioned by sessions of the Tribunal shall be borne by the
International Labour Office.
3. Any compensation awarded by the Tribunal
shall be chargeable to the budget of the International Labour
Organisation.
Article X
1. Subject to the provisions of the present
Statute, the Tribunal shall draw up Rules of Court covering -
(a) the
election of the President and Vice-President;
(b) the convening and
conduct of its sessions;
(c) the rules to be followed in presenting
complaints and in the subsequent procedure, including intervention in the
proceedings before the Tribunal by persons whose rights as officials may be
affected by the judgment;
(d) the procedure to be followed with regard to
complaints and disputes submitted to the Tribunal by virtue of paragraphs 3 and
4 of article II; and
(e) generally, all matters relating to the operation
of the Tribunal which are not settled by the present Statute.
2. The
Tribunal may amend the Rules of Court.
Article XI
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.
Article
XII
1. In any case in which the Governing Body of the International Labour
Office or the Administrative Board of the Pensions Fund challenges a decision of
the Tribunal confirming its jurisdiction, or considers that a decision of the
Tribunal is vitiated by a fundamental fault in the procedure followed, the
question of the validity of the decision given by the Tribunal shall be
submitted by the Governing Body, for an advisory opinion, to the International
Court of Justice.
2. The opinion given by the Court shall be
binding.
ANNEX
TO THE STATUTE OF THE ADMINISTRATIVE
TRIBUNAL OF THE INTERNATIONAL LABOUR ORGANISATION
The Statute of the
Administrative Tribunal of the International Labour Organisation applies in its
entirety to those international intergovernmental organisations which, in
accordance with their Constitution or internal administrative rules, recognise
the jurisdiction of the Tribunal and formally declare that they adopt its Rules
of Procedure in accordance with paragraph 5 of article II of the Statute,
subject to the following provisions which, in cases affecting any one of these
organisations, are applicable as follows:
Article VI, paragraph 2
The reason for a judgment shall be stated. The judgment shall be communicated in
writing to the Director-General of the International Labour Office, to the
Director-General of the international organisation against which the complaint
is filed, and to the complainant.
Article VI, paragraph 3
Judgments shall be drawn up in two copies, of which one shall be filed in the
archives of the International Labour Office and the other in the archives of the
international organisation against which the complaint is filed, where they
shall be available for consultation by any person concerned.
Article IX,
paragraph 2
Expenses occasioned by the sessions or hearings of the
Administrative Tribunal shall be borne by the international organisation against
which the complaint is filed.
Article IX, paragraph 3
Any
compensation awarded by the Tribunal shall be chargeable to the budget of the
international organisation against which the complaint is filed.
Article
XII, paragraph 1
In any case in which the Executive Board of an
international organisation which has made the declaration specified in article
II, paragraph 5, of the Statute of the Tribunal challenges a decision of the
Tribunal confirming its jurisdiction, or considers that a decision of the
Tribunal is vitiated by a fundamental fault in the procedure followed, the
question of the validity of the decision given by the Tribunal shall be
submitted by the Executive Board concerned, for an advisory opinion, to the
International Court of Justice.
