Convention Concerning the Application of the Principles of the Right to Organize and to Bargain Collectively

Convention Concerning the Application of the Principles of the Right to Organize and to Bargain Collectively in United States

Convention Concerning the Application of the Principles of the Right to Organize and to Bargain Collectively

ENTRY INTO FORCE: 18 Jul 51

The General Conference of the International Labour Organisation,

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

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

Having determined that these proposals shall take the form of an
international Convention,

adopts this 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:

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.

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.

Article 7

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

Article 8

1. This Convention shall be binding only upon those Members of the
International Labour Organisation whose ratifications have been registered
with the Director-General.

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.

3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratification has been registered.

Article 9

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–

(a) the territories in respect of which the Member concerned undertakes
that the provisions of the Convention shall be applied without
modification;

(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;

(c) the territories in respect of which the Convention is inapplicable
and in such cases the grounds on which it is inapplicable;

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

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.

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.

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.

Article 10

1. Declarations communicated to the Director-General of the International
Labour Office in accordance with paragraphs 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.

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.

3. The Member, Members or international authority concerned may, at any time
at which this 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.

Article 11

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 shall not
take 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 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.

Article 12

1. The Director-General of the International Labour Office shall notify all
Members of the International Labour Organisation of the registration of all
ratifications, declarations and denunciations communicated to him by the
Members of the Organisation.

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.

Article 13

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, declarations and acts of denunciation
registered by him in accordance with the provisions of the preceding
articles.

Article 14

At the expiration of each period of ten years after the coming into force
of this Convention, the Governing Body of the International Labour Office
shall present to the General Conference a report on the working of this
Convention and shall consider the desirability of placing on the agenda of
the Conference the question of its revision in whole or in part.

Article 15

1. Should the Conference adopt a new Convention revising this Convention in
whole or in part, then, unless the new Convention otherwise provides–

(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;

(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.

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.

Article 16

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

The foregoing is the authentic text of the Convention duly adopted by the
General Conference of the International Labour Organisation during its
Thirty-second Session which was held at Geneva and declared closed the
second day of July 1949.

IN FAITH WHEREOF we have appended our signatures this eighteenth day of
August 1949.

The President of the Conference:
Guildhaume MYRDDIN-EVANS

The Director-General of the International Labour Office:
David A. MORSE


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