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THE

INTERNATIONAL

LABOUR

ORGANIZATION'S

FUNDAMENTAL

CONVENTIONS

on Promoting

The International Labour Organization's

Fundamental Conventions

The International

Labour Organization's

Fundamental Conventions

International

Labour OfficeInFocus Programme

on Promoting the Declaration

ISBN 92-2-112761-3

First published 2002

Second impression 2003

The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address.

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Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Freedom of Association and the Effective Recognition of the Right to Collective Bargaining . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Freedom of Association and Protection of the Right to Organise

Convention, 1948 (No. 87) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) . . . 18 Elimination of all Forms of Forced and Compulsory Labour . . . . . . . 23 Forced Labour Convention, 1930 (No. 29) . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Abolition of Forced Labour Convention, 1957 (No. 105) . . . . . . . . . . . . . . . . 38 Effective Abolition of Child Labour . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Minimum Age Convention, 1973 (No. 138) . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Worst Forms of Child Labour Convention, 1999 (No. 182) . . . . . . . . . . . . . 54 Elimination of Discrimination in Respect of Employment and Occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Equal Remuneration Convention, 1951 (No. 100) . . . . . . . . . . . . . . . . . . . . . . 63 Discrimination (Employment and Occupation) Convention,

1958 (No. 111) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

ILO Declaration on Fundamental Principles and Rights at Work

and its Follow-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

5

TABLE OF CONTENTS

FOREWORD

The Governing Body of the International Labour Office has identified eight Conventions as fundamental to the rights of human beings at work, ir- respective of the level of development of individual member States. These rights are a precondition for all the others in that they provide a necessary framework from which to strive freely for the improvement of individual and collective conditions of work The ILO Declaration on Fundamental Principles and Rights at Work, adopted in June 1998, highlights this set of core labour principles endorsed by the international community. The Declaration covers four main areas for the establishment of a social "floor" in the world of work: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; the elimination of discrimination in respect of employment and occupation. Embedded in the ILO Constitution, these principles and rights have been expressed and developed in the form of specific rights and obligations in Conventions recognized as fundamental both within and outside the

Organization.

7 These ILO Conventions have been identified as fundamental, and are at times referred to as the core labour standards: Freedom of Association and Protection of the Right to Organise

Convention, 1948 (No. 87)

Right to Organise and Collective Bargaining Convention,1949 (No. 98)

Forced Labour Convention, 1930 (No. 29)

Abolition of Forced Labour Convention, 1957 (No. 105)

Minimum Age Convention, 1973 (No. 138)

Worst Forms of Child Labour Convention, 1999 (No. 182)

Equal Remuneration Convention, 1951 (No. 100)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) With an increasing number of countries having ratified most of these instru- ments, the ILO has produced this booklet as a central resource that con- tains the text of these fundamental Conventions along with the Declaration. The ILO Declaration on Fundamental Principles and Rights at Work applies to all States belonging to the ILO, whether or not they have ratified the core Conventions. To learn more about the origins, features and prac- tical initiatives under the ILO Declaration on Fundamental Principles and

Rights at Work and its Follow-up, contact:

InFocus Programme on Promoting the Declaration

International Labour Office

4,route des Morillons

CH-1211 Geneva,Switzerland

Tel :+41 22 799.63.29

Fax :+41 22 799.65.61

declaration@ilo.org www.ilo.org/declaration 8 The International Labour OrganizationÕs Fundamental Conventions

FREEDOM OF ASSOCIATION

AND THE EFFECTIVE RECOGNITION

OF THE RIGHT TO COLLECTIVE BARGAINING

All workers and all employers have the right to freely form and join groups for the support and advancement of their occupational interests. This basic human right goes together with freedom of expression and is the basis of democratic representation and governance. People need to be able to exer- cise their right to influence work-related matters that directly concern them. In other words, their voice needs to be heard and taken into account. Freedom of association means that workers and employers can set up, join and run their own organizations without interference from the State or one another. Along with this right is the responsibility of people to respect the law of the land. However, the law of the land, in turn, must respect the principle of freedom of association. These principles cannot be ignored or prohibited for any sector of activity or group of workers. The right freely to run their own activities means that workers' and employers' organizations can independently determine how they best wish to promote and defend their occupational interests. This covers both long- term strategies and action in specific circumstances, including recourse to strike and lock out. They can independently affiliate with international organiz- ations and cooperate within them in pursuit of their mutual interests. If the collective bargaining system does not produce an acceptable result and strike action is taken, certain limited categories of workers can be excluded from such action to ensure the basic safety of the population and essential functioning of the State. 9 Voluntary collective bargaining is a process through which employers - or their organizations - and trade unions or, in their absence, represen- tatives freely designated by the workers discuss and negotiate their rela- tions, in particular terms and conditions of work. Such bargaining in good faith aims at reaching mutually acceptable collective agreements. The collective bargaining process also covers the phase before actual negotiations - information sharing, consultation, joint assessments - as well as the implementation of collective agreements. Where agreement is not reached, dispute settlement procedures ranging from conciliation through mediation to arbitration may be used. To realize the principle of freedom of association and the right to col- lective bargaining in practice requires, among other things: a legal basis which guarantees that these rights are enforced; an enabling institutional framework, which can be tripartite or between the employers' and workers' organizations; the absence of discrimination against individuals who wish to exercise their rights to have their voice heard, and; acceptance by employers' and workers' organizations as partners for solving joint problems and dealing with mutual challenges. 10 The International Labour OrganizationÕs Fundamental Conventions The General Conference of the International Labour Organisation, Having been convened at San Francisco by the Governing Body of the International Labour Office,and having met in its Thirty- first Session on 17 June 1948, Having decided to adopt,in the form of a Convention,certain pro- posals concerning freedom of association and protection of the right to organise, which is the seventh item on the agenda of the session, Considering that the Preamble to the Constitution of the Interna- tional Labour Organisation declares "recognition of the prin- ciple of freedom of association" to be a means of improving conditions of labour and of establishing peace, Considering that the Declaration of Philadelphia reaffirms that "freedom of expression and of association are essential to sus- tained progress", Considering that the International Labour Conference, at its Thir- tieth Session,unanimously adopted the principles which should form the basis for international regulation, Considering that the General Assembly of the United Nations, at its Second Session,endorsed these principles and requested the International Labour Organisation to continue every effort in order that it may be possible to adopt one or several interna- tional Conventions, adopts this ninth day of July of the year one thousand nine hundred and forty-eight the following Convention, which may be cited as the Freedom of Association and Protection of the Right to Organise Con- vention, 1948: 11 Freedom of Association and Protection of the Right to Organise Convention (No.87)

Adopted: 9 July 1948

Entered into force: 4 July 1950

PART I. FREEDOM OF ASSOCIATION

Article 1

Each Member of the International Labour Organisation for which this Convention is in force undertakes to give effect to the following provisions.

Article 2

Workers and employers,without distinction whatsoever,shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without pre- vious authorisation.

Article 3

1. Workers' and employers' organisations shall have the right to

draw up their constitutions and rules, to elect their representatives in full freedom,to organise their administration and activities and to for- mulate their programmes.

2. The public authorities shall refrain from any interference which

would restrict this right or impede the lawful exercise thereof.

Article 4

Workers'and employers'organisations shall not be liable to be dis- solved or suspended by administrative authority.

Article 5

Workers'and employers'organisations shall have the right to estab- lish and join federations and confederations and any such organisa- tion, federation or confederation shall have the right to affiliate with international organisations of workers and employers.

Article 6

The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers' and employers' organisations.

Article 7

The acquisition of legal personality by workers' and employers' organisations, federations and confederations shall not be made 12 The International Labour OrganizationÕs Fundamental Conventions subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3 and 4 hereof.

Article 8

1. In exercising the rights provided for in this Convention workers

and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land.

2. The law of the land shall not be such as to impair, nor shall

it be so applied as to impair, the guarantees provided for in thisquotesdbs_dbs50.pdfusesText_50

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