Right to Organise and Collective Bargaining Convention, 1949

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Right to Organise and Collective Bargaining Convention

Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively

Signed

July 1, 1949

Location

Geneva

Effective

July 19, 1951

Condition

2 ratifications

Parties

163[1]

Depositary

Director-General of the International Labour Office

Languages

French and English

The Right to Organise and Collective Bargaining Convention (1951) No 98 is an International Labour [2] Organization Convention. It is one of eight ILO fundamental conventions. Its counterpart on the general principle of freedom of association is the Freedom of Association and Protection of the Right to Organise Convention(1949) No 87.
Contents
[hide]

1 Content

1.1 Rights to organise

o o

1.2 Rights to collective bargaining 1.3 Administrative provisions

2 Ratifications 3 See also 4 References 5 External links

Content[edit]
The Preamble of Convention 98 notes its adoption on 1 July 1949. After this the Convention covers, first, the rights of union members to organise independently, without interference by employers in article 1 to 3. Second, articles 4 to 6 require the positive creation of rights to collective bargaining, and that each member state's law promotes it.

Rights to organise[edit]
Article 1 states that workers must be protected against discrimination for joining a union, particularly conditions of employers to not join a union, dismissal or any other prejudice for having union membership or engaging in union activities. Article 2 requires that both workers and employers' organisations (i.e. trade unions and business confederations) should not be interfered in their own establishment, functioning or administration. Article 2(2) prohibits, in particular, unions being dominated by employers through "financial or other means" (such as a union being given funding by an employer, or the employer influencing who the officials are). Article 3 requires each ILO member give effect to articles 1 and 2 through appropriate machinery, such as a government watchdog.

Article 1 1. Workers shall enjoy adequate protection against acts of antiunion discrimination in respect of their employment. 2. Such protection shall apply more particularly in respect of acts calculated to-(a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership; (b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours. Article 2 1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or

each other's agents or members in their establishment, functioning or administration. 2. In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article. Article 3 Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise as defined in the preceding Articles.

Rights to collective bargaining[edit]

Article 4 goes on to collective bargaining. It requires that the law promotes "the full development and utilisation of machinery for voluntary negotiation" between worker organisations and employer groups to regulation employment "by means of collective agreements." Article 5 states that national law can provide different laws for the police and armed forces, and the Convention does not affect laws that existed when an ILO member ratifies the Convention. Article 6 further gives an exemption for "the position of public servants engaged in the administration of the State".

Article 4 Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements. Article 5 1. 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. 2. In accordance with the principle set forth in paragraph 8 of Article 19 of the Constitution of the International Labour

Organisation the ratification of this Convention by any Member shall not be deemed to affect any existing law, award, custom or agreement in virtue of which members of the armed forces or the police enjoy any right guaranteed by this Convention. Article 6 This Convention does not deal with the position of public servants engaged in the administration of the State, nor shall it be construed as prejudicing their rights or status in any way.

Administrative provisions[edit]
Article 7 says ratifications should be communicated to the ILO Director General. Article 8 says the Convention is only binding on those who have ratified it, although the 1998 Declaration means that this is no longer entirely true: the Convention is binding as a fact of membership in the ILO. Articles 9 and 10 deal with specific territories where the Convention may be applied or modified. Article 11 concerns denunciation of the Convention, although again, because of the 1998 Declaration, it is no longer possible for an ILO member to profess they are not bound by the Convention: it is an essential principle of international law. Article 12 states the Director General shall keep all members notified of which countries have adhered to the Conventions. Article 13 states this shall be communicated to the United Nations. Article 14 states the ILO Governing Body shall produce reports on the working of the Convention. Article 15 deals with revisions to the Convention (none have taken place yet), and article 16 states that the English and French versions are equally authoritative.

Ratifications[edit]
The following countries have ratified ILO Convention 98:

Country

Date

Notes

Albania

June 3, 1957

Algeria

November 19, 1962

Angola

June 4, 1976

Antigua and Barbuda

February 2, 1983

Argentina

September 24, 1956

Armenia

November 12, 2003

Australia

February 28, 1973

Austria

November 10, 1951

Azerbaijan

May, 19 1992

Bahamas

May 25, 1976

Bangladesh

June 22, 1972

Barbados

May 8, 1967

Belarus

November, 6 1956

ratified as the Byelorussian SSR

Belgium

December 10, 1953

Belize

December 15, 1983

Benin

May 16, 1968

Bolivia

November 15, 1973

Bosnia and Herzegovina

June 2, 1993

Botswana

December 22, 1997

Brazil

November 18, 1952

Bulgaria

June 8, 1959

Burkina Faso

April 16, 1962

Burundi

October 10, 1997

Cambodia

August 23, 1999

Cameroon

September 3, 1962

Cape Verde

April 3, 1979

Central African Republic

June 9, 1964

Chad

June 8, 1961

Chile

February 1, 1999

Colombia

November 16, 1976

Comoros

October 23, 1978

Congo

November 26, 1999

Democratic Republic of the Congo

June 16, 1969

Costa Rica

June 2, 1960

Cte d'Ivoire

May 5, 1961

Croatia

October 8, 1991

Cuba

April 29, 1952

Cyprus

May 24, 1966

Czech Republic

January 1, 1993

Denmark

August 15, 1955

Djibouti

August 3, 1978

Dominica

February 28, 1983

Dominican Republic

September 22, 1953

Ecuador

May 28, 1959

Egypt

July 3, 1954

Equatorial Guinea

August 13, 2001

Eritrea

February 22, 2000

Estonia

March 22, 1994

Ethiopia

June 4, 1963

Fiji

April 19, 1974

Finland

December 22, 1951

France

October 26, 1951

Gabon

May 29, 1951

Gambia

September 4, 2000

Georgia (country)

June 22, 1993

Germany

June 8, 1956

Ghana

July 2, 1959

Greece

March 30, 1962

Grenada

July 9, 1979

Guatemala

February 13, 1952

Guinea-Bissau

February 21, 1977

Guinea

March 26, 1959

Guyana

June 8, 1966

Haiti

April 12, 1957

Honduras

June 27, 1956

Hungary

June 6, 1957

Iceland

July 15, 1952

Indonesia

July 15, 1957

Iraq

November 27, 1962

Ireland

June 4, 1955

Israel

January 28, 1957

Italy

May 13, 1958

Jamaica

December 26, 1962

Japan

October 20, 1953

Jordan

December 12, 1968

Kazakhstan

May 18, 2001

Kenya

January 13, 1964

Kiribati

February 3, 2000

Kuwait

August 9, 2007

Kyrgyzstan

March 31, 1992

Latvia

January 27, 1992

Lebanon

June 1, 1977

Lesotho

October 31, 1966

Liberia

May 25, 1962

Libya

June 20, 1962

Lithuania

September 26, 1994

Luxembourg

March 3, 1958

Republic of Macedonia

November 17, 1991

Madagascar

June 3, 1998

Malawi

March 22, 1965

Malaysia

June 5, 1961

Maldives

January 4, 2013

Mali

March 2, 1964

Malta

January 4, 1965

Mauritania

December 3, 2001

Mauritius

December 2, 1969

Republic of Moldova

August 12, 1996

Mongolia

June 3, 1969

Montenegro

June 3, 2006

Morocco

May 20, 1957

Mozambique

December 23, 1996

Namibia

January 3, 1995

Nepal

November 11, 1996

Netherlands

December 22, 1993

Ratification excludes Aruba, Curaao, Sint Maarten and the Caribbean Netherlands.

New Zealand

June 9, 2003

Nicaragua

October 31, 1967

Niger

March 23, 1962

Nigeria

October 17, 1960

Norway

February 17, 1955

Pakistan

May 26, 1952

Panama

May 16, 1966

Papua New Guinea

May 1, 1976

Paraguay

March 21, 1966

Peru

March 13, 1964

Philippines

December 12,

1953

Poland

February 25, 1957

Portugal

July 1, 1964

Romania

November 26, 1958

Russian Federation

August 10, 1956

ratified as the Soviet Union

Rwanda

August 11, 1988

Saint Kitts and Nevis

September 4, 2000

Saint Lucia

May 14, 1980

Saint Vincent and the Grenadines

October 21, 1998

Samoa

June 30, 2008

San Marino

December 19, 1986

So Tom and Prncipe June 17, 1992

Senegal

July 28, 1961

Serbia

November 24, 2000

ratified as Serbia and Montenegro

Seychelles

October 4, 1999

Sierra Leone

June 13, 1961

Singapore

October 25, 1965

Slovakia

January 1, 1993

Slovenia

May 29, 1992

Solomon Islands

April 13, 2012

South Africa

February 19, 1996

South Sudan

April 29, 2012

Spain

April 20, 1977

Sri Lanka

December 13, 1972

Sudan

June 18, 1957

Suriname

June 5, 1996

Swaziland

April 26, 1978

Sweden

July 18, 1950

Switzerland

August 17, 1999

Syria

June 7, 1957

Tajikistan

November 26, 1993

Tanzania

January 30, 1962

ratified as Tanganyika

Timor Leste

June 16, 2009

Togo

November 8, 1983

Trinidad and Tobago

May 24, 1963

Tunisia

May 15, 1957

Turkey

January 23, 1952

Turkmenistan

May 15, 1997

Uganda

June 4, 1963

Ukraine

September 14, 1956

ratified as the Ukrainian SSR

United Kingdom

June 30, 1950

Uruguay

March 18, 1954

Uzbekistan

July 13, 1992

Vanuatu

August 28, 2006

Venezuela

December 19, 1968

Yemen

April 14, 1969

ratified as South Yemen

Zambia

September 2, 1996

Zimbabwe

August 27, 1998