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组织和集体谈判权利的原则应用公约 CONVENTION No. 98 Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively

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第98号公约
颁布日期:19490701  实施日期:19510718  颁布单位:日内瓦

  [Date of coming into force: 18 July 1951.]

  The General Conference of the International Labour Organization,

  Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Thirty-second Sessionon 8 June 1949, and

  Having decided upon the adoption of certain proposals concerning theapplication of the principles of the right to organize and to bargaincollectively, which is the fourth item on the agenda of the session, and

  Having determined that these proposals shall take the form of aninternational Convention, adopts this first day of July of the year onethousand nine hundred and forty-nine the following Convention, which maybe cited as the Right to Organize and Collective Bargaining Convention,1949:

  Article 1

  1. Workers shall enjoy adequate protection against acts of anti-uniondiscrimination in respect of their employment.

  2. Such protection shall apply more particularly in respect of actscalculated to——

  (a) make the employment of a worker subject to the condition thathe shall not join a union or shall relinquish trade union membership;

  (b) cause the dismissal of or otherwise prejudice a worker byreason of union membership or because of participation in union activitiesoutside working hours or, with the consent of the employer, within workinghours.

  Article 2

  1. Workers' and employers' organizations shall enjoy adequateprotection against any acts of interference by each other or each other'sagents or members in their establishment, functioning or administration.

  2. In particular, acts which are designed to promote the establishmentof workers' organizations under the domination of employers'organizations, or to support workers' organizations by financial or othermeans, with the object of placing such organizations under the control ofemployers or employers' organizations, shall be deemed to constitute actsof 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 toorganize as defined in the preceding Articles.

  Article 4

  Measures appropriate to national conditions shall be taken, wherenecessary, to encourage and promote the full development and utilisationof machinery for voluntary negotiation between employers or employers'organizations and workers' organizations, with a view to the regulation ofterms and conditions of employment by means of collective agreements.

  Article 5

  1. The extent to which the guarantees provided for in this Conventionshall apply to the armed forces and the police shall be determined bynational laws or regulations.

  2. In accordance with the principle set forth in paragraph 8 ofarticle 19 of the Constitution of the International Labour Organizationthe ratification of this Convention by any Member shall not be deemed toaffect any existing law, award, custom or agreement in virtue of whichmembers of the armed forces or the police enjoy any right guaranteed bythis Convention.

  Article 6

  This Convention does not deal with the position of public servantsengaged in the administration of the State, nor shall it be construed asprejudicing their rights or status in any way.

  Article 7

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.

  Article 8

  1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

  2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General.

  3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.

  Article 9

  1. Declarations communicated to the Director-General of theInternational Labour Office in accordance with paragraph 2 of article 35of the Constitution of the International Labour Organization shallindicate——

  (a) the territories in respect of which the Member concernedundertakes that the provisions of the Convention shall be applied withoutmodification;

  (b) the territories in respect of which it undertakes that theprovisions 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 isinapplicable and in such cases the grounds on which it is inapplicable;

  (d) the territories in respect of which it reserves its decisionpending further consideration of the position.

  2. The undertakings referred to in subparagraphs (a) and (b) ofparagraph 1 of this Article shall be deemed to be an integral part of theratification and shall have the force of ratification.

  3. Any Member may at any time by a subsequent declaration cancel inwhole or in part any reservation made in its original declaration invirtue 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 todenunciation in accordance with the provisions of Article 11, communicateto the Director-General a declaration modifying in any other respect theterms of any former declaration and stating the present position inrespect of such territories as it may specify.

  Article 10

  1. Declarations communicated to the Director-General of theInternational Labour Office in accordance with paragraph 4 or 5 of article35 of the Constitution of the International Labour Organization shallindicate whether the provisions of the Convention will be applied in theterritory concerned without modification or subject to modifications; whenthe declaration indicates that the provisions of the Convention will beapplied subject to modifications, it shall give details of the saidmodifications.

  2. The Member, Members or international authority concerned may at anytime by a subsequent declaration renounce in whole or in part the right tohave recourse to any modification indicated in any former declaration.

  3. The Member, Members or international authority concerned may, atany time at which this Convention is subject to denunciation in accordancewith the provisions of Article 11, communicate to the Director-General adeclaration modifying in any other respect the terms of any formerdeclaration and stating the present position in respect of the applicationof the Convention.

  Article 11

  1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake 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 yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

  Article 12

  1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications, declarations and denunciationscommunicated to him by the Members of the Organization.

  2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him, the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force.

  Article 13

  The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications, declarations and acts ofdenunciation registered by him in accordance with the provisions of thepreceding Article.

  Article 14

  At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

  Article 15

  1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides,

  (a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 11 above, if and when the newrevising Convention shall have come into force;

  (b) as from the date when the new revising Convention comes intoforce, this Convention shall cease to be open to ratification by theMembers.

  2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

  Article 16

  The English and French versions of the text of this Convention areequally authoritative.

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