“Right to Organise and Collective Bargaining Convention, 1949”的意思、由来-开放百科全书

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.

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

Country

Date

Notes

Albania}}

June 3, 1957

Algeria}}

November 19, 1962

Angola}}

June 4, 1976

Antigua and Barbuda}}

February 2, 1983

Argentina}}

September 24, 1956

Armenia}}

November 12, 2003

Australia}}

February 28, 1973

Austria}}

November 10, 1951

Azerbaijan}}

May 19, 1992

Bahamas}}

May 25, 1976

Bangladesh}}

June 22, 1972

Barbados}}

May 8, 1967

Belarus}}

November 6, 1956

ratified as the Byelorussian SSR

Belgium}}

December 10, 1953

Belize}}

December 15, 1983

Benin}}

May 16, 1968

Bolivia}}

November 15, 1973

Bosnia and Herzegovina}}

June 2, 1993

Botswana}}

December 22, 1997

Brazil}}

November 18, 1952

Bulgaria}}

June 8, 1959

Burkina Faso}}

April 16, 1962

Burundi}}

October 10, 1997

Cabo Verde}}

April 3, 1979

Cambodia}}

August 23, 1999

Cameroon}}

September 3, 1962

Canada}}

June 14, 2017

In force starting June 14, 2018^[4]

Central African Republic}}

June 9, 1964

Chad}}

June 8, 1961

Chile}}

February 1, 1999

Colombia}}

November 16, 1976

Comoros}}

October 23, 1978

Congo}}

November 26, 1999

Democratic Republic of the Congo}}

June 16, 1969

Costa Rica}}

June 2, 1960

Côte d'Ivoire}}

May 5, 1961

Croatia}}

October 8, 1991

Cuba}}

April 29, 1952

Cyprus}}

May 24, 1966

Czech Republic}}

January 1, 1993

Denmark}}

August 15, 1955

Djibouti}}

August 3, 1978

Dominica}}

February 28, 1983

Dominican Republic}}

September 22, 1953

Ecuador}}

May 28, 1959

Egypt}}

July 3, 1954

Equatorial Guinea}}

August 13, 2001

Eritrea}}

February 22, 2000

Estonia}}

March 22, 1994

Ethiopia}}

June 4, 1963

Fiji}}

April 19, 1974

Finland}}

December 22, 1951

France}}

October 26, 1951

Gabon}}

May 29, 1951

Gambia}}

September 4, 2000

Georgia (country)|Georgia}}

June 22, 1993

Germany}}

June 8, 1956

Ghana}}

July 2, 1959

Greece}}

March 30, 1962

Grenada}}

July 9, 1979

Guatemala}}

February 13, 1952

Guinea-Bissau}}

February 21, 1977

Guinea}}

March 26, 1959

Guyana}}

June 8, 1966

Haiti}}

April 12, 1957

Honduras}}

June 27, 1956

Hungary}}

June 6, 1957

Iceland}}

July 15, 1952

Indonesia}}

July 15, 1957

Iraq}}

November 27, 1962

Ireland}}

June 4, 1955

Israel}}

January 28, 1957

Italy}}

May 13, 1958

Jamaica}}

December 26, 1962

Japan}}

October 20, 1953

Jordan}}

December 12, 1968

Kazakhstan}}

May 18, 2001

Kenya}}

January 13, 1964

Kiribati}}

February 3, 2000

Kuwait}}

August 9, 2007

Kyrgyzstan}}

March 31, 1992

Latvia}}

January 27, 1992

Lebanon}}

June 1, 1977

Lesotho}}

October 31, 1966

Liberia}}

May 25, 1962

Libya}}

June 20, 1962

Lithuania}}

September 26, 1994

Luxembourg}}

March 3, 1958

Republic of Macedonia}}

November 17, 1991

Madagascar}}

June 3, 1998

Malawi}}

March 22, 1965

Malaysia}}

June 5, 1961

Maldives}}

January 4, 2013

Mali}}

March 2, 1964

Malta}}

January 4, 1965

Mauritania}}

December 3, 2001

Mauritius}}

December 2, 1969

Republic of Moldova}}

August 12, 1996

Mongolia}}

June 3, 1969

Montenegro}}

June 3, 2006

Morocco}}

May 20, 1957

Mozambique}}

December 23, 1996

Namibia}}

January 3, 1995

Nepal}}

November 11, 1996

Netherlands}}

December 22, 1993

Ratification excludes Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands.

New Zealand}}

June 9, 2003

Nicaragua}}

October 31, 1967

Niger}}

March 23, 1962

Nigeria}}

October 17, 1960

Norway}}

February 17, 1955

Pakistan}}

May 26, 1952

Panama}}

May 16, 1966

Papua New Guinea}}

May 1, 1976

Paraguay}}

March 21, 1966

Peru}}

March 13, 1964

Philippines}}

December 12, 1953

Poland}}

February 25, 1957

Portugal}}

July 1, 1964

Romania}}

November 26, 1958

Russian Federation}}

August 10, 1956

ratified as the Soviet Union

Rwanda}}

August 11, 1988

Saint Kitts and Nevis}}

September 4, 2000

Saint Lucia}}

May 14, 1980

Saint Vincent and the Grenadines}}

October 21, 1998

Samoa}}

June 30, 2008

San Marino}}

December 19, 1986

São Tomé and Príncipe}}

June 17, 1992

Senegal}}

July 28, 1961

Serbia}}

November 24, 2000

ratified as Serbia and Montenegro

Seychelles}}

October 4, 1999

Sierra Leone}}

June 13, 1961

Singapore}}

October 25, 1965

Slovakia}}

January 1, 1993

Slovenia}}

May 29, 1992

Solomon Islands}}

April 13, 2012

Somalia}}

March 22, 2014

South Africa}}

February 19, 1996

South Sudan}}

April 29, 2012

Spain}}

April 20, 1977

Sri Lanka}}

December 13, 1972

Sudan}}

June 18, 1957

Suriname}}

June 5, 1996

Swaziland}}

April 26, 1978

Sweden}}

July 18, 1950

Switzerland}}

August 17, 1999

Syria}}

June 7, 1957

Tajikistan}}

November 26, 1993

Tanzania}}

January 30, 1962

ratified as Tanganyika

Timor Leste}}

June 16, 2009

Togo}}

November 8, 1983

Trinidad and Tobago}}

May 24, 1963

Tunisia}}

May 15, 1957

Turkey}}

January 23, 1952

Turkmenistan}}

May 15, 1997

Uganda}}

June 4, 1963

Ukraine}}

September 14, 1956

ratified as the Ukrainian SSR

United Kingdom}}

June 30, 1950

Uruguay}}

March 18, 1954

Uzbekistan}}

July 13, 1992

Vanuatu}}

August 28, 2006

Venezuela}}

December 19, 1968

Yemen}}

April 14, 1969

ratified as South Yemen

Zambia}}

September 2, 1996

Zimbabwe}}

August 27, 1998

See also

References

External links