Right to Organise and Collective Bargaining Convention, 1949

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]

Right to Organise and Collective Bargaining Convention
Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively
Signed1 July 1949
LocationGeneva
Effective19 July 1951
Condition2 ratifications
Parties168[1][2]
DepositaryDirector-General of the International Labour Office
LanguagesFrench and English

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

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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

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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

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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

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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

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Ratifications of the convention

The following countries have ratified ILO Convention 98:

Country Date Notes
  Albania 3 June 1957
  Algeria 19 November 1962
  Angola 4 June 1976
  Antigua and Barbuda 2 February 1983
  Argentina 24 September 1956
  Armenia 12 November 2003
  Australia 28 February 1973
  Austria 10 November 1951
  Azerbaijan 19 May 1992
  Bahamas 25 May 1976
  Bangladesh 22 June 1972
  Barbados 8 May 1967
  Belarus 6 November 1956 ratified as the Byelorussian SSR
  Belgium 10 December 1953
  Belize 15 December 1983
  Benin 16 May 1968
  Bolivia 15 November 1973
  Bosnia and Herzegovina 2 June 1993
  Botswana 22 December 1997
  Brazil 18 November 1952
  Bulgaria 8 June 1959
  Burkina Faso 16 April 1962
  Burundi 10 October 1997
  Cabo Verde 3 April 1979
  Cambodia 23 August 1999
  Cameroon 3 September 1962
  Canada 14 June 2017 In force starting 14 June 2018[4]
  Central African Republic 9 June 1964
  Chad 8 June 1961
  Chile 1 February 1999
  Colombia 16 November 1976
  Comoros 23 October 1978
  Congo 26 November 1999
  Democratic Republic of the Congo 16 June 1969
  Costa Rica 2 June 1960
  Côte d'Ivoire 5 May 1961
  Croatia 8 October 1991
  Cuba 29 April 1952
  Cyprus 24 May 1966
  Czech Republic 1 January 1993
  Denmark 15 August 1955
  Djibouti 3 August 1978
  Dominica 28 February 1983
  Dominican Republic 22 September 1953
  Ecuador 28 May 1959
  Egypt 3 July 1954
  Equatorial Guinea 13 August 2001
  Eritrea 22 February 2000
  Estonia 22 March 1994
  Ethiopia 4 June 1963
  Fiji 19 April 1974
  Finland 22 December 1951
  France 26 October 1951
  Gabon 29 May 1951
  Gambia 4 September 2000
  Georgia (country) 22 June 1993
  Germany 8 June 1956
  Ghana 2 July 1959
  Greece 30 March 1962
  Grenada 9 July 1979
  Guatemala 13 February 1952
  Guinea-Bissau 21 February 1977
  Guinea 26 March 1959
  Guyana 8 June 1966
  Haiti 12 April 1957
  Honduras 27 June 1956
  Hungary 6 June 1957
  Iceland 15 July 1952
  Indonesia 15 July 1957
  Iraq 27 November 1962
  Ireland 4 June 1955
  Israel 28 January 1957
  Italy 13 May 1958
  Jamaica 26 December 1962
  Japan 20 October 1953
  Jordan 12 December 1968
  Kazakhstan 18 May 2001
  Kenya 13 January 1964
  Kiribati 3 February 2000
  Kuwait 9 August 2007
  Kyrgyzstan 31 March 1992
  Latvia 27 January 1992
  Lebanon 1 June 1977
  Lesotho 31 October 1966
  Liberia 25 May 1962
  Libya 20 June 1962
  Lithuania 26 September 1994
  Luxembourg 3 March 1958
  Republic of Macedonia 17 November 1991
  Madagascar 3 June 1998
  Malawi 22 March 1965
  Malaysia 5 June 1961
  Maldives 4 January 2013
  Mali 2 March 1964
  Malta 4 January 1965
  Mauritania 3 December 2001
  Mauritius 2 December 1969
  Republic of Moldova 12 August 1996
  Mongolia 3 June 1969
  Montenegro 3 June 2006
  Morocco 20 May 1957
  Mozambique 23 December 1996
  Namibia 3 January 1995
    Nepal 11 November 1996
  Netherlands 22 December 1993 Ratification excludes Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands.
  New Zealand 9 June 2003
  Nicaragua 31 October 1967
  Niger 23 March 1962
  Nigeria 17 October 1960
  Norway 17 February 1955
  Pakistan 26 May 1952
  Panama 16 May 1966
  Papua New Guinea 1 May 1976
  Paraguay 21 March 1966
  Peru 13 March 1964
  Philippines 12 December 1953
  Poland 25 February 1957
  Portugal 1 July 1964
  Romania 26 November 1958
  Russian Federation 10 August 1956 ratified as the Soviet Union
  Rwanda 11 August 1988
  Saint Kitts and Nevis 4 September 2000
  Saint Lucia 14 May 1980
  Saint Vincent and the Grenadines 21 October 1998
  Samoa 30 June 2008
  San Marino 19 December 1986
  São Tomé and Príncipe 17 June 1992
  Senegal 28 July 1961
  Serbia 24 November 2000 ratified as Serbia and Montenegro
  Seychelles 4 October 1999
  Sierra Leone 13 June 1961
  Singapore 25 October 1965
  Slovakia 1 January 1993
  Slovenia 29 May 1992
  Solomon Islands 13 April 2012
  Somalia 22 March 2014
  South Africa 19 February 1996
  South Sudan 29 April 2012
  Spain 20 April 1977
  Sri Lanka 13 December 1972
  Sudan 18 June 1957
  Suriname 5 June 1996
  Swaziland 26 April 1978
  Sweden 18 July 1950
   Switzerland 17 August 1999
  Syria 7 June 1957
  Tajikistan 26 November 1993
  Tanzania 30 January 1962 ratified as Tanganyika
  Timor Leste 16 June 2009
  Togo 8 November 1983
  Trinidad and Tobago 24 May 1963
  Tunisia 15 May 1957
  Turkey 23 January 1952
  Turkmenistan 15 May 1997
  Uganda 4 June 1963
  Ukraine 14 September 1956 ratified as the Ukrainian SSR
  United Kingdom 30 June 1950
  Uruguay 18 March 1954
  Uzbekistan 13 July 1992
  Vanuatu 28 August 2006
  Venezuela 19 December 1968
  Vietnam 5 July 2019
  Yemen 14 April 1969 ratified as South Yemen
  Zambia 2 September 1996
  Zimbabwe 27 August 1998

See also

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References

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  1. ^ "Ratifications". International Labour Organization. 26 April 2013.
  2. ^ "SOMALIA: PM signs three core International Labour Organization conventions". Raxanreeb. 22 March 2014. Archived from the original on 22 March 2014. Retrieved 22 March 2014.
  3. ^ "Conventions and ratifications". International Labour Organization. 27 May 2011.
  4. ^ "Canada ratifies the Collective Bargaining Convention". 14 June 2017. Retrieved 27 December 2017.
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