Right to Organise and Collective Bargaining Convention, 1949

Right to Organise and Collective Bargaining Convention
Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively
Signed	1 July 1949
Location	Geneva
Effective	19 July 1951
Condition	2 ratifications
Parties	168
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 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

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	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