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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.[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. ContentThe 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 organiseArticle 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 bargainingArticle 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 provisionsArticle 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 alsoReferences
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