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 164[1][2]
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 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[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 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[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
 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[edit]

References[edit]

External links[edit]