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C98 Right to Organise and Collective Bargaining Convention, 1949 
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Convention concerning the Application of the Principles of the Right to
Organise and to Bargain Collectively 
(Note: Date of coming into force: 18:07:1951.) 
<br>Convention:C098 
<br>Place:Geneva 
<br>Session of the Conference:32 
<br>Date of adoption:01:07:1949 
<br>
        <br> 
</FONT><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
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 
<p>
Having decided upon the adoption of certain proposals concerning the 
application of the principles of the right to organise and to bargain 
collectively, which is the fourth item on the agenda of the session, and<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention,<p>
<p>
adopts the 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 
Organise and Collective Bargaining Convention, 1949:<p>
<p>
<p> 
<p>
Article 1<p>
1. Workers shall enjoy adequate protection against acts of anti-union 
discrimination in respect of their employment.<p>
<p>
2. Such protection shall apply more particularly in respect of acts calculated 
to--<p>
 (a) make the employment of a worker subject to the condition that he shall 
not join a union or shall relinquish trade union membership;<p>
 (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.<p>
<p>
Article 2<p>
1. Workers' and employers' organisations 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.<p>
<p>
2. In particular, acts which are designed to promote the establishment of 
workers' organisations under the domination of employers or employers' 
organisations, or to support workers' organisations by financial or other 
means, with the object of placing such organisations under the control of 
employers or employers' organisations, shall be deemed to constitute acts of 
interference within the meaning of this Article.<p>
<p>
Article 3<p>
Machinery appropriate to national conditions shall be established, where 
necessary, for the purpose of ensuring respect for the right to organise as 
defined in the preceding Articles.<p>
<p>
Article 4<p>
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' organisations and 
workers' organisations, with a view to the regulation of terms and conditions 
of employment by means of collective agreements.<p>
<p>
Article 5<p>
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.<p>
<p>
2. In accordance with the principle set forth in paragraph 8 of article 19 of 
the Constitution of the International Labour Organisation 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.<p>
<p>
Article 6<p>
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.<p>
<p>
  
<p>
Article 7<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 8<p>
   1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
   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.<p>
<p>
   3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratifications has been registered.<p>
<p>
 Article 9<p>
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 Organisation shall indicate --<p>
<p>
 a) the territories in respect of which the Member concerned undertakes that 
the provisions of the Convention shall be applied without modification;<p>
<p>
 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;<p>
<p>
 c) the territories in respect of which the Convention is inapplicable and in 
such cases the grounds on which it is inapplicable;<p>
<p>
 d) the territories in respect of which it reserves its decision pending 
further consideration of the position.<p>
<p>
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.<p>
<p>
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 Article.<p>
<p>
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.<p>
<p>
 Article 10<p>
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 Organisation 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.<p>
<p>
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.<p>
<p>
3. The Member, Members or international authority concerned 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 the application of the Convention.<p>
Article 11<p>
   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 should not take effect until 
one year after the date on which it is registered.<p>
<p>
   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.<p>
<p>
Article 12<p>
   1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organisation of the registration of all 
ratifications and denunciations communicated to him by the Members of the 
Organisation.<p>
<p>
   2. When notifying the Members of the Organisation of the registration of 
the second ratification communicated to him, the Director-General shall draw 
the attention of the Members of the Organisation to the date upon which the 
Convention will come into force.<p>
<p>
Article 13<p>
   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 and acts of denunciation registered by him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 14<p>
   At such times as 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.<p>
<p>
Article 15<p>
   1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides:<p>
<p>
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;<p>
<p>
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.<p>
   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.<p>
<p>
Article 16<p>
   The English and French versions of the text of this Convention are equally 
authoritative.
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