# 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.
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 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 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.

   #### 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' 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.
       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.

   #### Article 3

       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.

### 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".

   #### 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' organisations and workers' organisations, 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 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.

   #### 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.

### 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

The following countries have ratified ILO Convention 98:
| Country | Date | Notes |
| Albania | 3 June 1957 |
| Algeria | 19 November 1962 |
| Angola | 4 June 1976 |
| Antigua and Barbuda | 2 February 1983 |
| Argentina | 24 September 1956 |
| Armenia | 12 November 2003 |
| Australia | 28 February 1973 |
| Austria | 10 November 1951 |
| Azerbaijan | 19 May 1992 |
| Bahamas | 25 May 1976 |
| Bangladesh | 22 June 1972 |
| Barbados | 8 May 1967 |
| Belarus | 6 November 1956 | ratified as the Byelorussian SSR |
| Belgium | 10 December 1953 |
| Belize | 15 December 1983 |
| Benin | 16 May 1968 |
| Bolivia | 15 November 1973 |
| Bosnia and Herzegovina | 2 June 1993 |
| Botswana | 22 December 1997 |
| Brazil | 18 November 1952 |
| Bulgaria | 8 June 1959 |
| Burkina Faso | 16 April 1962 |
| Burundi | 10 October 1997 |
| Cabo Verde | 3 April 1979 |
| Cambodia | 23 August 1999 |
| Cameroon | 3 September 1962 |
| Canada | 14 June 2017 | In force starting 14 June 2018 |
| Central African Republic | 9 June 1964 |
| Chad | 8 June 1961 |
| Chile | 1 February 1999 |
| Colombia | 16 November 1976 |
| Comoros | 23 October 1978 |
| Congo | 26 November 1999 |
| Democratic Republic of the Congo | 16 June 1969 |
| Costa Rica | 2 June 1960 |
| Côte d'Ivoire | 5 May 1961 |
| Croatia | 8 October 1991 |
| Cuba | 29 April 1952 |
| Cyprus | 24 May 1966 |
| Czech Republic | 1 January 1993 |
| Denmark | 15 August 1955 |
| Djibouti | 3 August 1978 |
| Dominica | 28 February 1983 |
| Dominican Republic | 22 September 1953 |
| Ecuador | 28 May 1959 |
| Egypt | 3 July 1954 |
| Equatorial Guinea | 13 August 2001 |
| Eritrea | 22 February 2000 |
| Estonia | 22 March 1994 |
| Ethiopia | 4 June 1963 |
| Fiji | 19 April 1974 |
| Finland | 22 December 1951 |
| France | 26 October 1951 |
| Gabon | 29 May 1951 |
| Gambia | 4 September 2000 |
| Georgia (country) | 22 June 1993 |
| Germany | 8 June 1956 |
| Ghana | 2 July 1959 |
| Greece | 30 March 1962 |
| Grenada | 9 July 1979 |
| Guatemala | 13 February 1952 |
| Guinea-Bissau | 21 February 1977 |
| Guinea | 26 March 1959 |
| Guyana | 8 June 1966 |
| Haiti | 12 April 1957 |
| Honduras | 27 June 1956 |
| Hungary | 6 June 1957 |
| Iceland | 15 July 1952 |
| Indonesia | 15 July 1957 |
| Iraq | 27 November 1962 |
| Ireland | 4 June 1955 |
| Israel | 28 January 1957 |
| Italy | 13 May 1958 |
| Jamaica | 26 December 1962 |
| Japan | 20 October 1953 |
| Jordan | 12 December 1968 |
| Kazakhstan | 18 May 2001 |
| Kenya | 13 January 1964 |
| Kiribati | 3 February 2000 |
| Kuwait | 9 August 2007 |
| Kyrgyzstan | 31 March 1992 |
| Latvia | 27 January 1992 |
| Lebanon | 1 June 1977 |
| Lesotho | 31 October 1966 |
| Liberia | 25 May 1962 |
| Libya | 20 June 1962 |
| Lithuania | 26 September 1994 |
| Luxembourg | 3 March 1958 |
| Republic of Macedonia | 17 November 1991 |
| Madagascar | 3 June 1998 |
| Malawi | 22 March 1965 |
| Malaysia | 5 June 1961 |
| Maldives | 4 January 2013 |
| Mali | 2 March 1964 |
| Malta | 4 January 1965 |
| Mauritania | 3 December 2001 |
| Mauritius | 2 December 1969 |
| Republic of Moldova | 12 August 1996 |
| Mongolia | 3 June 1969 |
| Montenegro | 3 June 2006 |
| Morocco | 20 May 1957 |
| Mozambique | 23 December 1996 |
| Namibia | 3 January 1995 |
| Nepal | 11 November 1996 |
| Netherlands | 22 December 1993 | Ratification excludes Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands. |
| New Zealand | 9 June 2003 |
| Nicaragua | 31 October 1967 |
| Niger | 23 March 1962 |
| Nigeria | 17 October 1960 |
| Norway | 17 February 1955 |
| Pakistan | 26 May 1952 |
| Panama | 16 May 1966 |
| Papua New Guinea | 1 May 1976 |
| Paraguay | 21 March 1966 |
| Peru | 13 March 1964 |
| Philippines | 12 December 1953 |
| Poland | 25 February 1957 |
| Portugal | 1 July 1964 |
| Romania | 26 November 1958 |
| Russian Federation | 10 August 1956 | ratified as the Soviet Union |
| Rwanda | 11 August 1988 |
| Saint Kitts and Nevis | 4 September 2000 |
| Saint Lucia | 14 May 1980 |
| Saint Vincent and the Grenadines | 21 October 1998 |
| Samoa | 30 June 2008 |
| San Marino | 19 December 1986 |
| São Tomé and Príncipe | 17 June 1992 |
| Senegal | 28 July 1961 |
| Serbia | 24 November 2000 | ratified as Serbia and Montenegro |
| Seychelles | 4 October 1999 |
| Sierra Leone | 13 June 1961 |
| Singapore | 25 October 1965 |
| Slovakia | 1 January 1993 |
| Slovenia | 29 May 1992 |
| Solomon Islands | 13 April 2012 |
| Somalia | 22 March 2014 |
| South Africa | 19 February 1996 |
| South Sudan | 29 April 2012 |
| Spain | 20 April 1977 |
| Sri Lanka | 13 December 1972 |
| Sudan | 18 June 1957 |
| Suriname | 5 June 1996 |
| Swaziland | 26 April 1978 |
| Sweden | 18 July 1950 |
| Switzerland | 17 August 1999 |
| Syria | 7 June 1957 |
| Tajikistan | 26 November 1993 |
| Tanzania | 30 January 1962 | ratified as Tanganyika |
| Timor Leste | 16 June 2009 |
| Togo | 8 November 1983 |
| Trinidad and Tobago | 24 May 1963 |
| Tunisia | 15 May 1957 |
| Turkey | 23 January 1952 |
| Turkmenistan | 15 May 1997 |
| Uganda | 4 June 1963 |
| Ukraine | 14 September 1956 | ratified as the Ukrainian SSR |
| United Kingdom | 30 June 1950 |
| Uruguay | 18 March 1954 |
| Uzbekistan | 13 July 1992 |
| Vanuatu | 28 August 2006 |
| Venezuela | 19 December 1968 |
| Vietnam | 5 July 2019 |
| Yemen | 14 April 1969 | ratified as South Yemen |
| Zambia | 2 September 1996 |
| Zimbabwe | 27 August 1998 |