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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
SignedJuly 1, 1949
LocationGeneva
EffectiveJuly 19, 1951
Condition2 ratifications
Parties165[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.

ContentEdit

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 organiseEdit

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 bargainingEdit

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 provisionsEdit

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.

RatificationsEdit

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
  Cabo Verde April 3, 1979
  Cambodia August 23, 1999
  Cameroon September 3, 1962
  Canada June 14, 2017 In force starting June 14, 2018[4]
  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 alsoEdit

ReferencesEdit

  1. ^ "Ratifications". International Labour Organization. April 26, 2013.
  2. ^ "SOMALIA: PM signs three core International Labour Organization conventions". Raxanreeb. March 22, 2014. Archived from the original on March 22, 2014. Retrieved March 22, 2014. Cite uses deprecated parameter |deadurl= (help)
  3. ^ "Conventions and ratifications". International Labour Organization. May 27, 2011.
  4. ^ "Canada ratifies the Collective Bargaining Convention". 2017-06-14. Retrieved 2017-12-27.

External linksEdit