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.

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	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)	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
Vietnam	July 5, 2019
Yemen	April 14, 1969	ratified as South Yemen
Zambia	September 2, 1996
Zimbabwe	August 27, 1998