Right to Organise and Collective Bargaining Convention, 1949 explained

Right to Organise and Collective Bargaining Convention
Long Name:Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively
Date Signed:1 July 1949
Location Signed:Geneva
Date Effective:19 July 1951
Condition Effective:2 ratifications
Parties:168[1] [2]
Depositor: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.

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".

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:

CountryDateNotes
Albania3 June 1957
Algeria19 November 1962
Angola4 June 1976
Antigua and Barbuda2 February 1983
Argentina24 September 1956
Armenia12 November 2003
Australia28 February 1973
Austria10 November 1951
Azerbaijan19 May 1992
Bahamas25 May 1976
Bangladesh22 June 1972
Barbados8 May 1967
Belarus6 November 1956ratified as the Byelorussian SSR
Belgium10 December 1953
Belize15 December 1983
Benin16 May 1968
15 November 1973
Bosnia and Herzegovina2 June 1993
Botswana22 December 1997
Brazil18 November 1952
Bulgaria8 June 1959
Burkina Faso16 April 1962
Burundi10 October 1997
3 April 1979
Cambodia23 August 1999
Cameroon3 September 1962
Canada14 June 2017In force starting 14 June 2018[4]
Central African Republic9 June 1964
Chad8 June 1961
Chile1 February 1999
Colombia16 November 1976
Comoros23 October 1978
Congo26 November 1999
16 June 1969
Costa Rica2 June 1960
Cote d'Ivoire5 May 1961
Croatia8 October 1991
Cuba29 April 1952
Cyprus24 May 1966
Czech Republic1 January 1993
Denmark15 August 1955
Djibouti3 August 1978
Dominica28 February 1983
Dominican Republic22 September 1953
Ecuador28 May 1959
Egypt3 July 1954
Equatorial Guinea13 August 2001
Eritrea22 February 2000
Estonia22 March 1994
Ethiopia4 June 1963
Fiji19 April 1974
Finland22 December 1951
France26 October 1951
Gabon29 May 1951
Gambia4 September 2000
22 June 1993
Germany8 June 1956
Ghana2 July 1959
Greece30 March 1962
Grenada9 July 1979
Guatemala13 February 1952
Guinea-Bissau21 February 1977
Guinea26 March 1959
Guyana8 June 1966
Haiti12 April 1957
Honduras27 June 1956
Hungary6 June 1957
Iceland15 July 1952
Indonesia15 July 1957
Iraq27 November 1962
Ireland4 June 1955
Israel28 January 1957
Italy13 May 1958
Jamaica26 December 1962
Japan20 October 1953
Jordan12 December 1968
Kazakhstan18 May 2001
Kenya13 January 1964
Kiribati3 February 2000
Kuwait9 August 2007
Kyrgyzstan31 March 1992
Latvia27 January 1992
Lebanon1 June 1977
Lesotho31 October 1966
Liberia25 May 1962
Libya20 June 1962
Lithuania26 September 1994
Luxembourg3 March 1958
17 November 1991
Madagascar3 June 1998
Malawi22 March 1965
Malaysia5 June 1961
Maldives4 January 2013
Mali2 March 1964
Malta4 January 1965
Mauritania3 December 2001
Mauritius2 December 1969
12 August 1996
Mongolia3 June 1969
Montenegro3 June 2006
Morocco20 May 1957
Mozambique23 December 1996
Namibia3 January 1995
Nepal11 November 1996
Netherlands22 December 1993Ratification excludes Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands.
New Zealand9 June 2003
Nicaragua31 October 1967
Niger23 March 1962
Nigeria17 October 1960
Norway17 February 1955
Pakistan26 May 1952
Panama16 May 1966
Papua New Guinea1 May 1976
Paraguay21 March 1966
Peru13 March 1964
Philippines12 December 1953
Poland25 February 1957
Portugal1 July 1964
Romania26 November 1958
Russian Federation10 August 1956ratified as the Soviet Union
Rwanda11 August 1988
Saint Kitts and Nevis4 September 2000
Saint Lucia14 May 1980
Saint Vincent and the Grenadines21 October 1998
Samoa30 June 2008
San Marino19 December 1986
17 June 1992
Senegal28 July 1961
Serbia24 November 2000ratified as Serbia and Montenegro
Seychelles4 October 1999
Sierra Leone13 June 1961
Singapore25 October 1965
Slovakia1 January 1993
Slovenia29 May 1992
Solomon Islands13 April 2012
Somalia22 March 2014
South Africa19 February 1996
29 April 2012
Spain20 April 1977
Sri Lanka13 December 1972
Sudan18 June 1957
Suriname5 June 1996
Swaziland26 April 1978
Sweden18 July 1950
Switzerland17 August 1999
7 June 1957
Tajikistan26 November 1993
30 January 1962ratified as Tanganyika
16 June 2009
Togo8 November 1983
Trinidad and Tobago24 May 1963
Tunisia15 May 1957
Turkey23 January 1952
Turkmenistan15 May 1997
Uganda4 June 1963
Ukraine14 September 1956ratified as the Ukrainian SSR
United Kingdom30 June 1950
Uruguay18 March 1954
Uzbekistan13 July 1992
Vanuatu28 August 2006
19 December 1968
5 July 2019
Yemen14 April 1969ratified as South Yemen
Zambia2 September 1996
Zimbabwe27 August 1998

See also

External links

Notes and References

  1. Web site: Ratifications. International Labour Organization. 26 April 2013.
  2. News: SOMALIA: PM signs three core International Labour Organization conventions. 22 March 2014. Raxanreeb. 22 March 2014. dead. https://web.archive.org/web/20140322182214/http://www.raxanreeb.com/2014/03/somalia-pm-signs-three-core-international-labour-organization-conventions/. 22 March 2014.
  3. Web site: Conventions and ratifications. International Labour Organization. 27 May 2011.
  4. News: Canada ratifies the Collective Bargaining Convention. 2017-06-14. 2017-12-27. en.

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