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)

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 -

(b) the convening and conduct of its sessions;

(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

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