Section 130p. 130

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

The

formal

ratifications

of

this

Convention shall be

communicated

to

the

Director-General

of

the

International Labour Office for registration.

ARTICLE 15

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 16

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 17

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 18

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 19

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 20

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 16 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 21

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-first session which was held

at San Francisco and declared closed the tenth day of July

1948.

IN FAITH WHEREOF we have appended our signatures

this

thirty-first

day

of

August

1948.

(Freedom

of

Association and Protection of the Right to Organize

Convention, [July 9, 1948])

Right to Organize and Collective

Bargaining Convention

July 1, 1949

RIGHT TO ORGANIZE AND COLLECTIVE BARGAINING

CONVENTION *

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 I

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.

© Compiled by RGL

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