Right to Organise and Collective Bargaining Convention
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The Right to Organise and Collective Bargaining Convention (1949
No 98
is an
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
Convention. It is one of eight ILO fundamental conventions. Its counterpart on the general principle of
freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...
is the
Freedom of Association and Protection of the Right to Organise Convention The Freedom of Association and Protection of the Right to Organise Convention (1948No 87is an International Labour Organization Convention, and one of eight conventions that form the core of international labour law, as interpreted by the Decl ...
(1949) No 87.


Content

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 Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The ...
, and that each member state's law promotes it.


Rights to organise

Article 1 states that workers must be protected against
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of Racial discrimination, r ...
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 Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The ...
. 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:


See also

*
Freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...
*
Freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...


References

{{reflist


External links


Text of the Convention

ratifications
Freedom of association International Labour Organization conventions Treaties concluded in 1949 Treaties entered into force in 1951 Treaties of the People's Socialist Republic of Albania Treaties of Algeria Treaties of the People's Republic of Angola Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of Austria Treaties of Azerbaijan Treaties of the Bahamas Treaties of Bangladesh Treaties of Barbados Treaties of the Byelorussian Soviet Socialist Republic Treaties of Belgium Treaties of Belize Treaties of the Republic of Dahomey Treaties of Bolivia Treaties of Bosnia and Herzegovina Treaties of Botswana Treaties of the Second Brazilian Republic Treaties of the People's Republic of Bulgaria Treaties of Burkina Faso Treaties of Burundi Treaties of Cambodia Treaties of Cameroon Treaties of Cape Verde Treaties of the Central African Republic Treaties of Chad Treaties of Chile Treaties of Colombia Treaties of the Comoros Treaties of the Democratic Republic of the Congo (1964–1971) Treaties of the Republic of the Congo Treaties of Costa Rica Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of the Czech Republic Treaties of Czechoslovakia Treaties of Denmark Treaties of Djibouti Treaties of Dominica Treaties of the Dominican Republic Treaties of East Timor Treaties of Ecuador Treaties of the Republic of Egypt (1953–1958) Treaties of El Salvador Treaties of Equatorial Guinea Treaties of Eritrea Treaties of Estonia Treaties of the Ethiopian Empire Treaties of Fiji Treaties of Finland Treaties of the French Fourth Republic Treaties of Gabon Treaties of the Gambia Treaties of Georgia (country) Treaties of West Germany Treaties of Ghana Treaties of the Kingdom of Greece Treaties of Grenada Treaties of Guatemala Treaties of Guinea Treaties of Guinea-Bissau Treaties of Haiti Treaties of Honduras Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of Indonesia Treaties of the Iraqi Republic (1958–1968) Treaties of Ireland Treaties of Israel Treaties of Italy Treaties of Jamaica Treaties of Japan Treaties of Jordan Treaties of Kazakhstan Treaties of Kenya Treaties of Kiribati Treaties of Kuwait Treaties of Kyrgyzstan Treaties of Latvia Treaties of Lebanon Treaties of Lesotho Treaties of Liberia Treaties of the Kingdom of Libya Treaties of Lithuania Treaties of Luxembourg Treaties of North Macedonia Treaties of Madagascar Treaties of Malawi Treaties of Malaysia Treaties of the Maldives Treaties of Mali Treaties of Malta Treaties of Mauritania Treaties of Mauritius Treaties of Moldova Treaties of the Mongolian People's Republic Treaties of Montenegro Treaties of Morocco Treaties of Mozambique Treaties of Namibia Treaties of Nepal Treaties of the Netherlands Treaties of New Zealand Treaties of Nicaragua Treaties of Niger Treaties of Nigeria Treaties of Norway Treaties of the Dominion of Pakistan Treaties of Panama Treaties of Papua New Guinea Treaties of Paraguay Treaties of Peru Treaties of the Philippines Treaties of the Polish People's Republic Treaties of the Estado Novo (Portugal) Treaties of the Socialist Republic of Romania Treaties of Rwanda Treaties of Saint Kitts and Nevis Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of Samoa Treaties of San Marino Treaties of São Tomé and Príncipe Treaties of Senegal Treaties of Serbia and Montenegro Treaties of Seychelles Treaties of Sierra Leone Treaties of Singapore Treaties of Slovakia Treaties of Slovenia Treaties of the Solomon Islands Treaties of Somalia Treaties of South Africa Treaties of South Sudan Treaties of the Soviet Union Treaties of Spain Treaties of Sri Lanka Treaties of the Republic of the Sudan (1956–1969) Treaties of Suriname Treaties of Eswatini Treaties of Sweden Treaties of Switzerland Treaties of the Syrian Republic (1930–1963) Treaties of Tajikistan Treaties of Togo Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Turkey Treaties of Turkmenistan Treaties of Uganda Treaties of the Ukrainian Soviet Socialist Republic Treaties of the United Kingdom Treaties of Uruguay Treaties of Uzbekistan Treaties of Vanuatu Treaties of Venezuela Treaties of Vietnam Treaties of South Yemen Treaties of Yugoslavia Treaties of Zambia Treaties of Zimbabwe Treaties of East Germany Treaties of Tanganyika Treaties extended to the Territory of Papua and New Guinea Treaties extended to Norfolk Island Treaties extended to the Faroe Islands Treaties extended to French Guiana Treaties extended to Guadeloupe Treaties extended to Martinique Treaties extended to Réunion Treaties extended to the Colony of Aden Treaties extended to the Colony of the Bahamas Treaties extended to the West Indies Federation Treaties extended to British Honduras Treaties extended to Bermuda Treaties extended to the Colony of North Borneo Treaties extended to the British Virgin Islands Treaties extended to Brunei (protectorate) Treaties extended to the Falkland Islands Treaties extended to the Colony of Fiji Treaties extended to the Gambia Colony and Protectorate Treaties extended to Gibraltar Treaties extended to Guernsey Treaties extended to British Guiana Treaties extended to Jersey Treaties extended to British Kenya Treaties extended to the Gilbert and Ellice Islands Treaties extended to the Federation of Rhodesia and Nyasaland Treaties extended to Basutoland Treaties extended to the Crown Colony of Malta Treaties extended to the Isle of Man Treaties extended to British Mauritius Treaties extended to the Colony and Protectorate of Nigeria Treaties extended to Saint Helena, Ascension and Tristan da Cunha Treaties extended to the Colony of Sarawak Treaties extended to the Colony of Sierra Leone Treaties extended to the Crown Colony of Singapore Treaties extended to Swaziland (protectorate) Treaties extended to Tanganyika (territory) Treaties extended to the Uganda Protectorate Treaties extended to Northern Rhodesia Treaties extended to the Sultanate of Zanzibar Treaties extended to the Aden Protectorate Treaties extended to Greenland Treaties extended to French Somaliland Treaties extended to French Polynesia Treaties extended to New Caledonia Treaties extended to Saint Pierre and Miquelon Treaties extended to British Hong Kong 1949 in labor relations