INTERNATIONAL LABOR ORGANIZATION CONVENTION

of July 1, 1949 No. 98

Concerning use of the principles of the right to the organization and the conclusion of collective agreements

General Conference of the International Labour Organization,

Called in Geneva by Administrative Board of the International Labor Office and gathered there on June 8, 1949 for the thirty second session,

Having decided to accept different offers concerning use of the principles of the right to the organization and the conclusion of collective agreements, - the fourth item on the agenda of session,

Having decided to give to these offers the form of the international convention,

Accepts this July of the first day one thousand nine hundred forty ninth the following Convention which will hereinafter be referred to as as the Convention on the right to the organization and the conclusion of collective agreements, 1949.

Article 1

1. Workers shall use the corresponding protection against any discrimination acts directed to infringement of freedom of associations in the field of employment.

2. Such protection will be applied in particular to the acts expected that:

a) subordinate employment or leaving at work of the worker to condition that he did not join trade union or left labor union;

b) dismiss or by any other method to cause damage to the worker on the ground that it is member of labor union or takes part in trade-union activities out of working hours or, with the consent of the entrepreneur, in working hours.

Article 2

1. The organizations of workers and entrepreneurs shall use the corresponding protection against any acts of intervention from outside of each other or from their agents or members in creation and organization activity and management of them.

2. In particular, the acts aiming to promote organization of the organizations of workers under the domination of entrepreneurs or the organizations of entrepreneurs or to support the organizations of workers by financing or some other way with the purpose to deliver such organizations under control of entrepreneurs or the organizations of entrepreneurs, are considered as acts of intervention in sense of this Article.

Article 3

Where it is necessary, the device corresponding to national conditions for the purpose of providing respect of the right to the organization as it was determined in the previous Articles shall be created.

Article 4

Where it is necessary, the measures corresponding to national conditions for the purpose of encouragement and contribution to complete development and use of the device for negotiations on voluntary basis between entrepreneurs or the organizations of entrepreneurs, on the one hand, and the organizations of workers, on the other hand, for the purpose of regulation of working conditions by the conclusion of collective agreements shall be taken.

Article 5

1. The national laws or rules shall determine in what measure of guarantee, provided by this Convention, will be applied to armed forces and police.

2. According to the principles stated in Item 8 of article 19 of the Charter of the International Labour Organization ratification of this Convention any organization member shall not be considered as mentioning the existing laws, decisions of judicial authorities, customs or agreements which provide to staff of armed forces and police of guarantee provided by this Convention.

Article 6

Operation of this Convention does not extend to government employees, and it will not be interpreted as causing damage to their rights or provision at all.

Article 7

Official documents about ratification of this Convention will go to the Director-General of the International Labour Office for registration.

Article 8

1. This Convention will connect only those members of the International Labour Organization whose documents on ratification will be registered by the CEO.

2. It will become effective in twelve months after the CEO registers documents on ratification of two organization members.

3. Afterwards this Convention will become effective concerning each organization member in twelve months after registration date of its document on ratification.

Article 9

1. Declarations which will be sent to the Director-General of the International Labour Office according to Item 2 of article 35 of the Charter of the International Labour Organization shall contain instructions on:

a) the territories to which the interested organization member shall apply Convention provisions without changes;

b) the territories to which it shall apply Convention provisions with changes, and content of these changes;

c) the territories to which the Convention will not be applied, and in this case the reasons for which it will not be applied;

d) the territories concerning which he reserves the decision until further review of provision concerning these territories.

2. The obligations mentioned in subitems a) and b) Item 1 of this Article, will be considered as integral part of the document on ratification and will entail effects, identical with it.

3. Any organization member can refuse by means of the new declaration all or part of the clauses made in its previous declaration according to subitems b), c) and d) Item 1 of this Article.

4. Any organization member can send to the periods during which this Convention can be denounced according to Article provisions 11, to the CEO the new declaration changing in any other relation of condition of any previous declaration and reporting about provision in certain territories.

Article 10

1. In the declarations sent to the Director-General of the International Labour Office according to items 4 and the 5th article 35 of the Charter of the International Labour Organization it shall be specified whether provisions of this Convention will be applied to this territory with changes or without changes; if in the declaration it is specified that provisions of the Convention will be applied on condition of their change, in it it shall be specified in what the specified changes consist.

2. The interested members or organization members or the international power can refuse by means of the subsequent declaration fully or partially the right to refer to changes which it was specified in any previous declaration.

3. The interested members or organization members or the international power can send to the periods during which the Convention can be denounced according to Article provisions 11, to the CEO the new declaration changing in any other relation of condition of any previous declaration and reporting about provision concerning application of this Convention.

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