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.<ref>Template:Cite web</ref>

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 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 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	Notes
Template:Flag	June 3, 1957
Template:Flag	November 19, 1962
Template:Flag	June 4, 1976
Template:Flag	February 2, 1983
Template:Flag	September 24, 1956
Template:Flag	November 12, 2003
Template:Flag	February 28, 1973
Template:Flag	November 10, 1951
Template:Flag	May 19, 1992
Template:Flag	May 25, 1976
Template:Flag	June 22, 1972
Template:Flag	May 8, 1967
Template:Flag	November 6, 1956	ratified as the Byelorussian SSR
Template:Flag	December 10, 1953
Template:Flag	December 15, 1983
Template:Flag	May 16, 1968
Template:Flag	November 15, 1973
Template:Flag	June 2, 1993
Template:Flag	December 22, 1997
Template:Flag	November 18, 1952
Template:Flag	June 8, 1959
Template:Flag	April 16, 1962
Template:Flag	October 10, 1997
Template:Flag	August 23, 1999
Template:Flag	September 3, 1962
Template:Flag	April 3, 1979
Template:Flag	June 9, 1964
Template:Flag	June 8, 1961
Template:Flag	February 1, 1999
Template:Flag	November 16, 1976
Template:Flag	October 23, 1978
Template:Flag	November 26, 1999
Template:Flag	June 16, 1969
Template:Flag	June 2, 1960
Template:Flag	May 5, 1961
Template:Flag	October 8, 1991
Template:Flag	April 29, 1952
Template:Flag	May 24, 1966
Template:Flag	January 1, 1993
Template:Flag	August 15, 1955
Template:Flag	August 3, 1978
Template:Flag	February 28, 1983
Template:Flag	September 22, 1953
Template:Flag	May 28, 1959
Template:Flag	July 3, 1954
Template:Flag	August 13, 2001
Template:Flag	February 22, 2000
Template:Flag	March 22, 1994
Template:Flag	June 4, 1963
Template:Flag	April 19, 1974
Template:Flag	December 22, 1951
Template:Flag	October 26, 1951
Template:Flag	May 29, 1951
Template:Flag	September 4, 2000
Template:Flag	June 22, 1993
Template:Flag	June 8, 1956
Template:Flag	July 2, 1959
Template:Flag	March 30, 1962
Template:Flag	July 9, 1979
Template:Flag	February 13, 1952
Template:Flag	February 21, 1977
Template:Flag	March 26, 1959
Template:Flag	June 8, 1966
Template:Flag	April 12, 1957
Template:Flag	June 27, 1956
Template:Flag	June 6, 1957
Template:Flag	July 15, 1952
Template:Flag	July 15, 1957
Template:Flag	November 27, 1962
Template:Flag	June 4, 1955
Template:Flag	January 28, 1957
Template:Flag	May 13, 1958
Template:Flag	December 26, 1962
Template:Flag	October 20, 1953
Template:Flag	December 12, 1968
Template:Flag	May 18, 2001
Template:Flag	January 13, 1964
Template:Flag	February 3, 2000
Template:Flag	August 9, 2007
Template:Flag	March 31, 1992
Template:Flag	January 27, 1992
Template:Flag	June 1, 1977
Template:Flag	October 31, 1966
Template:Flag	May 25, 1962
Template:Flag	June 20, 1962
Template:Flag	September 26, 1994
Template:Flag	March 3, 1958
Template:Flag	November 17, 1991
Template:Flag	June 3, 1998
Template:Flag	March 22, 1965
Template:Flag	June 5, 1961
Template:Flag	January 4, 2013
Template:Flag	March 2, 1964
Template:Flag	January 4, 1965
Template:Flag	December 3, 2001
Template:Flag	December 2, 1969
Template:Flag	August 12, 1996
Template:Flag	June 3, 1969
Template:Flag	June 3, 2006
Template:Flag	May 20, 1957
Template:Flag	December 23, 1996
Template:Flag	January 3, 1995
Template:Flag	November 11, 1996
Template:Flag	December 22, 1993	Ratification excludes Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands.
Template:Flag	June 9, 2003
Template:Flag	October 31, 1967
Template:Flag	March 23, 1962
Template:Flag	October 17, 1960
Template:Flag	February 17, 1955
Template:Flag	May 26, 1952
Template:Flag	May 16, 1966
Template:Flag	May 1, 1976
Template:Flag	March 21, 1966
Template:Flag	March 13, 1964
Template:Flag	December 12, 1953
Template:Flag	February 25, 1957
Template:Flag	July 1, 1964
Template:Flag	November 26, 1958
Template:Flag	August 10, 1956	ratified as the Soviet Union
Template:Flag	August 11, 1988
Template:Flag	September 4, 2000
Template:Flag	May 14, 1980
Template:Flag	October 21, 1998
Template:Flag	June 30, 2008
Template:Flag	December 19, 1986
Template:Flag	June 17, 1992
Template:Flag	July 28, 1961
Template:Flag	November 24, 2000	ratified as Serbia and Montenegro
Template:Flag	October 4, 1999
Template:Flag	June 13, 1961
Template:Flag	October 25, 1965
Template:Flag	January 1, 1993
Template:Flag	May 29, 1992
Template:Flag	April 13, 2012
Template:Flag	March 22, 2014
Template:Flag	February 19, 1996
Template:Flag	April 29, 2012
Template:Flag	April 20, 1977
Template:Flag	December 13, 1972
Template:Flag	June 18, 1957
Template:Flag	June 5, 1996
Template:Flag	April 26, 1978
Template:Flag	July 18, 1950
Template:Flag	August 17, 1999
Template:Flag	June 7, 1957
Template:Flag	November 26, 1993
Template:Flag	January 30, 1962	ratified as Tanganyika
Template:Flag	June 16, 2009
Template:Flag	November 8, 1983
Template:Flag	May 24, 1963
Template:Flag	May 15, 1957
Template:Flag	January 23, 1952
Template:Flag	May 15, 1997
Template:Flag	June 4, 1963
Template:Flag	September 14, 1956	ratified as the Ukrainian SSR
Template:Flag	June 30, 1950
Template:Flag	March 18, 1954
Template:Flag	July 13, 1992
Template:Flag	August 28, 2006
Template:Flag	December 19, 1968
Template:Flag	April 14, 1969	ratified as South Yemen
Template:Flag	September 2, 1996
Template:Flag	August 27, 1998

See also

• Freedom of association
• Freedom of assembly

External links

• Text of the Convention
• ratifications