CONVENTION No. 98 Convention concerning the Application of thePrinciples of the Right to Organize and to Bargain Collectively
CONVENTION No. 98 Convention concerning the Application of thePrinciples of the Right to Organize and to Bargain Collectively
[Date of coming into force: 18 July 1951.]
Whole document
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Thirty-second Session
on 8 June 1949, and
Having decided upon the adoption of certain proposals concerning the
application of the principles of the right to organize and to bargain
collectively, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention, adopts this first day of July of the year one
thousand nine hundred and forty-nine the following Convention, which may
be cited as the Right to Organize and Collective Bargaining Convention,
1949:
Article 1
1. Workers shall enjoy adequate protection against acts of anti-union
discrimination in respect of their employment.
2. Such protection shall apply more particularly in respect of acts
calculated to-
(a) make the employment of a worker subject to the condition that
he shall not join a union or shall relinquish trade union membership;
(b) cause the dismissal of or otherwise prejudice a worker by
reason of union membership or because of participation in union activities
outside working hours or, with the consent of the employer, within working
hours.
Article 2
1. Workers' and employers' organizations shall enjoy adequate
protection against any acts of interference by each other or each other's
agents or members in their establishment, functioning or administration.
2. In particular, acts which are designed to promote the establishment
of workers' organizations under the domination of employers'
organizations, or to support workers' organizations by financial or other
means, with the object of placing such organizations under the control of
employers or employers' organizations, shall be deemed to constitute acts
of interference within the meaning of this Article.
Article 3
Machinery appropriate to national conditions shall be established,
where necessary, for the purpose of ensuring respect for the right to
organize as defined in the preceding Articles.
Article 4
Measures appropriate to national conditions shall be taken, where
necessary, to encourage and promote the full development and utilisation
of machinery for voluntary negotiation between employers or employers'
organizations and workers' organizations, with a view to the regulation of
terms and conditions of employment by means of collective agreements.
Article 5
1. The extent to which the guarantees provided for in this Convention
shall apply to the armed forces and the police shall be determined by
national laws or regulations.
2. In accordance with the principle set forth in paragraph 8 of
article 19 of the Constitution of the International Labour Organization
the ratification of this Convention by any Member shall not be deemed to
affect any existing law, award, custom or agreement in virtue of which
members of the armed forces or the police enjoy any right guaranteed by
this Convention.
Article 6
This Convention does not deal with the position of public servants
engaged in the administration of the State, nor shall it be construed as
prejudicing their rights or status in any way.
Article 7
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 8
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 9
1. Declarations communicated to the Director-General of the
International Labour Office in accordance with paragraph 2 of article 35
of the Constitution of the International Labour Organization shall
indicate-
(a) the territories in respect of which the Member concerned
undertakes that the provisions of the Convention shall be applied without
modification;
(b) the territories in respect of which it undertakes that the
provisions of the Convention shall be applied subject to modifications,
together with details of the said modifications;
(c) the territories in respect of which the Convention is
inapplicable and in such cases the grounds on which it is inapplicable;
(d) the territories in respect of which it reserves its decision
pending further consideration of the position.
2. The undertakings referred to in subparagraphs (a) and (b) of
paragraph 1 of this Article shall be deemed to be an integral part of the
ratification and shall have the force of ratification.
3. Any Member may at any time by a subsequent declaration cancel in
whole or in part any reservation made in its original declaration in
virtue of subparagraph (b), (c) or (d) of paragraph 1 of this Articles.
4. Any Member may, at any time at which the Convention is subject to
denunciation in accordance with the provisions of Article 11, communicate
to the Director-General a declaration modifying in any other respect the
terms of any former declaration and stating the present position in
respect of such territories as it may specify.
Article 10
1. Declarations communicated to the Director-General of the
International Labour Office in accordance with paragraph 4 or 5 of article
35 of the Constitution of the International Labour Organization shall
indicate whether the provisions of the Convention will be applied in the
territory concerned without modification or subject to modifications; when
the declaration indicates that the provisions of the Convention will be
applied subject to modifications, it shall give details of the said
modifications.
2. The Member, Members or international authority concerned may at any
time by a subsequent declaration renounce in whole or in part the right to
have recourse to any modification indicated in any former declaration.
3. The Member, Members or international authority concerned may, at
any time at which this Convention is subject to denunciation in accordance
with the provisions of Article 11, communicate to the Director-General a
declaration modifying in any other respect the terms of any former
declaration and stating the present position in respect of the application
of the Convention.
Article 11
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 12
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications, declarations and denunciations
communicated to him by the Members of the Organization.
2. When notifying the Members of the Organization of the registration
of the second ratification communicated to him, the Director-General shall
draw the attention of the Members of the Organization to the date upon
which the Convention will come into force.
Article 13
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications, declarations and acts of
denunciation registered by him in accordance with the provisions of the
preceding Article.
Article 14
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 15
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides,
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 11 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force, this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 16
The English and French versions of the text of this Convention are
equally authoritative.
ade in its original declaration in
virtue of subparagraph (b), (c) or (d) of paragraph 1 of this Articles.
4. Any Member may, at any time at which the Convention is subject to
denunciation in accordance with the provisions of Article 11, communicate
to the Director-General a declaration modifying in any other respect the
terms of any former declaration and stating the present position in
respect of such territories as it may specify.
Article 10
1. Declarations communicated to the Director-General of the
International Labour Office in accordance with paragraph 4 or 5 of article
35 of the Constitution of the International Labour Organization shall
indicate whether the provisions of the Convention will be applied in the
territory concerned without modification or subject to modifications; when
the declaration indicates that the provisions of the Convention will be
applied subject to modifications, it shall give details of the said
modifications.
2. The Member, Members or international authority concerned may at any
time by a subsequent declaration renounce in whole or in part the right to
have recourse to any modification indicated in any former declaration.
3. The Member, Members or international authority concerned may, at
any time at which this Convention is subject to denunciation in accordance
with the provisions of Article 11, communicate to the Director-General a
declaration modifying in any other respect the terms of any former
declaration and stating the present position in respect of the application
of the Convention.
Article 11
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 12
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications, declarations and denunciations
communicated to him by the Members of the Organization.
2. When notifying the Members of the Organization of the registration
of the second ratification communicated to him, the Director-General shall
draw the attention of the Members of the Organization to the date upon
which the Convention will come into force.
Article 13
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications, declarations and acts of
denunciation registered by him in accordance with the provisions of the
preceding Article.
Article 14
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 15
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides,
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 11 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force, this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 16
The English and French versions of the text of this Convention are
equally authoritative.
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