Right to Organise and Collective Bargaining Convention, 1949
| 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 | 164[1][2] |
| Depositary | Director-General of the International Labour Office |
| Languages | French and English |
The Right to Organise and Collective Bargaining Convention (1949) No 98 is an International Labour Organization Convention. It is one of eight ILO fundamental conventions.[3]
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.
Content
The Preamble of Convention 98 notes its adoption on July 1, 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
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 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 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
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
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
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 |
.svg.png){kind=small} 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 | |
 Côte 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, Curaçao, 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 | |
 São Tomé and Príncipe |
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 | |
 Somalia |
March 22, 2014 | |
 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 |
See also
References
- ↑ "Ratifications". International Labour Organization. April 26, 2013.
- ↑ "SOMALIA: PM signs three core International Labour Organization conventions". Raxanreeb. March 22, 2014. Retrieved March 22, 2014.
- ↑ "Conventions and ratifications". International Labour Organization. May 27, 2011.