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.

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:

Country Date Notes3 June 195719 November 19624 June 19762 February 198324 September 195612 November 200328 February 197310 November 195119 May 199225 May 197622 June 19728 May 19676 November 1956ratified as the Byelorussian SSR10 December 195315 December 198316 May 196815 November 19732 June 199322 December 199718 November 19528 June 195916 April 196210 October 19973 April 197923 August 19993 September 196214 June 2017In force starting 14 June 20189 June 19648 June 19611 February 199916 November 197623 October 197826 November 199916 June 19692 June 19605 May 19618 October 199129 April 195224 May 19661 January 199315 August 19553 August 197828 February 198322 September 195328 May 19593 July 195413 August 200122 February 200022 March 19944 June 196319 April 197422 December 195126 October 195129 May 19514 September 200022 June 19938 June 19562 July 195930 March 19629 July 197913 February 195221 February 197726 March 19598 June 196612 April 195727 June 19566 June 195715 July 195215 July 195727 November 19624 June 195528 January 195713 May 195826 December 196220 October 195312 December 196818 May 200113 January 19643 February 20009 August 200731 March 199227 January 19921 June 197731 October 196625 May 196220 June 196226 September 19943 March 195817 November 19913 June 199822 March 19655 June 19614 January 20132 March 19644 January 19653 December 20012 December 196912 August 19963 June 19693 June 200620 May 195723 December 19963 January 199511 November 199622 December 1993Ratification excludes Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands.9 June 200331 October 196723 March 196217 October 196017 February 195526 May 195216 May 19661 May 197621 March 196613 March 196412 December 195325 February 19571 July 196426 November 195810 August 1956ratified as the Soviet Union11 August 19884 September 200014 May 198021 October 199830 June 200819 December 198617 June 199228 July 196124 November 2000ratified as Serbia and Montenegro4 October 199913 June 196125 October 19651 January 199329 May 199213 April 201222 March 201419 February 199629 April 201220 April 197713 December 197218 June 19575 June 199626 April 197818 July 195017 August 19997 June 195726 November 199330 January 1962ratified as Tanganyika16 June 20098 November 198324 May 196315 May 195723 January 195215 May 19974 June 196314 September 1956ratified as the Ukrainian SSR30 June 195018 March 195413 July 199228 August 200619 December 19685 July 201914 April 1969ratified as South Yemen2 September 199627 August 1998

Right to Organise and Collective Bargaining Convention, 1949

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