The Convention On The Implementation Of The Principles Of The Right To Bargain Collectively

Original Language Title: Úmluva o provádění zásad práva kolektivně vyjednávat

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38833&nr=470~2F1990~20Sb.&ft=txt

470/1990 Coll.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs declares that on 1 May 2004. July

1949 was on 32. meeting of the General Conference of the international organization

work on the implementation of the Convention are taken right to organise and

to bargain collectively (No 98) and 28 June. June 1951 was based on 34.

meeting of the General Conference of the International Labour Organisation adopted

Convention on the methods of determination of minimum wages in agriculture (No. 99).

The ratification of the conventions of the Czechoslovak Socialist Republic have been registered

on 21 February 2006. January 1964 Director General of the International Labour Office. According to the

articles 8 and 7 of the Convention have entered for the Czechoslovak Socialist

Republic in force on 21. January 1965.



English translations of the conventions shall be published at the same time.



Convention No. 98



The Convention on the implementation of the right to organise and to bargain collectively



The General Conference of the International Labour Organization,



that was convened by the Administrative Council of the International Labour Office in Geneva and

there met on 8 June 1998. June 1949 at its třicátémdruhém meeting,



rozhodnuvši to adopt some of the proposals relating to the



the implementation of the right to organise and to bargain collectively, which are

the fourth point of order meeting

,



rozhodnuvši, that these proposals will take the form of an International Convention,



accepts delivery 1. July 1949 this Convention, which will be referred to as

Convention on the right to organise and to bargain collectively, 1949:



Article 1



(1) Personnel will be using adequate protection against all manifestations of

discrimination towards trade union freedom in their threat

employment.



(2) such protection, especially as regards the negotiations, resulting

objective:



and the employment of workers) bind to the condition that it does not become a member of the

trade unions or cancelling your membership in a Trade Union;



(b)) to dismiss workers or otherwise harm him for his

Union membership or for his participation in trade union activities in the

non-business hours or, with the consent of the employer during work

of the times.



Article 2



(1) the Organization of workers and employers enjoy the alignment,

activities or manage their organizations with appropriate protection against any

interference in the Affairs of one of others, either directly or

through representatives, or members.



(2) the interference within the meaning of this article shall be taken in particular of the measures

towards the creation of a workers controlled by employers

or employers ' organisations, or to support organizations

workers in financial or other means, with the intention to submit these

Organization of employers or employers ' organisations to check.



Article 3



Where necessary, the appropriate authorities will be set up by the national

conditions in order to ensure the respect of the right to organise,

as defined in the preceding articles.



Article 4



Where necessary, appropriate measures will be taken to the national

conditions for the encouragement and promotion of the widest possible development and use

the method of voluntary negotiation between employers and organizations

employers, on the one hand, and workers ' organisations on the other

side, so that they are governed by the terms of employment by collective

of the treaties.



Article 5



(1) the extent to which the guarantees deriving from this Convention applied in

the armed forces and the police shall be determined by the national

legislation.



(2) in accordance with the principles set out in paragraph 8 of article 19 of the Constitution of the international

Organization of work, not by ratifying this Convention by a Member

the State considered that any existing law,

of the Court decision, customs or agreements, on the basis of which

members of the armed forces and the police of the rights guaranteed by the Convention.



Article 6



This Convention does not deal with the position of public employees working in

the State administration and will not be able to be interpreted as in any way that would

prejudicial to their rights or their status.



Article 7



The formal ratifications of this Convention shall be communicated to the Director-

The International Labour Office and written by him.



Article 8



(1) this Convention obliges Member States only, international organization

labour, whose ratification has been registered by the Director General.



(2) shall take effect twelve months after the date the Director writes

the ratification of the two Member States.



(3) in each Member State, this Convention shall take effect twelve

months from the date on which its ratification has been registered.



Article 9



(1) a statement which is sent to the Director of the International Office

the work, in accordance with paragraph 2 of article 35 of the Constitution of the International Labour Organization,

will indicate:



and in respect of which) territory, the Member State concerned undertakes to implement the

the provisions of the Convention without modification;



(b)) the territory in respect of which undertakes to implement provisions of the Convention,

changes and details about these changes;



(c)) the territories to which it is not possible to implement the Convention, and in these cases

the reasons for which it is not possible to carry out;



(d)) of the territory in respect of which reserves its decisions up to a deeper

assessment of the situation.



(2) the undertakings referred to in points) and d) of the first paragraph of this article

will be considered as an integral part of the ratification and will have the same

effects.



(3) each Member State may, at the new statement in whole or

in part, give up the reservations contained in its original statement on the basis of

the provisions in (a) (b)), (c)) or (d)) of the first paragraph of this article.



(4) each Member State may, in the periods during which the Convention can be

terminate in accordance with the provisions of article 11, submit to the Director of the new

the declaration modifying in any other direction the text of any

previous declarations and giving the information about the current situation in such

territories.



Article 10



(1) a declaration addressed to the Director-General of the International Labour Office

in accordance with paragraph 4 and 5 of article 35 of the Constitution of the International Labour Organisation

will indicate whether the provisions of the Convention will be implemented on a given territory

unchanged or with a change; If the statement stated that the

the provisions of the Convention shall be implemented with changes, must be set out in detail

stated in what way these changes are.



(2) the Member State, the Member States or competent international authority

can a subsequent declaration fully or partially waive the right to rely on the

any changes listed in an earlier statement.



(3) the Member State, the Member States or competent international authority may

in the periods during which you can terminate the Convention in accordance with the provisions of article

11, send to the Director a new declaration, amending the

any other direction as amended by any previous declarations and

containing the information on the current state, with regard to the implementation of this Convention.



Article 11



(1) each Member which has ratified this Convention, it may,

terminate after a period of 10 years from the date on which this Convention first acquired

the effectiveness of written communication, the Director General of the International Office

the work, which writes it. Denunciation shall take effect one year after the date on which the

It was registered.



(2) any Member State which has ratified this Convention and which does not apply

rights to terminate her under this article during the year following

the expiry of the period of ten years, as indicated in the previous paragraph, the

bound by the Convention for the next ten-year period and then it will be able to terminate

on the expiry of the 10-year period, under the conditions laid down in this

article.



Article 12



(1) the Director General of the International Labour Office shall notify all Member

States, the International Labour Organisation the ratification, writing any statement

and notice, which shall inform the members of the organization.



(2) when the Member States of the Organization to communicate to write the second

the ratification was announced to him, General Manager notifies Member

States of the Organization to the date when this Convention enters into force.



Article 13



Director General of the International Labour Office shall notify the

the Secretary-General of the United Nations for registration in accordance with article 102 the Charter of the United

Nations full particulars of all ratifications, declarations and denunciations,

which enrolled under the provisions of the preceding articles.



Article 14



Always, if deemed necessary, the Governing Board of the International Office

the work of the General Conference shall submit to the Administration concerning the implementation of this Convention, and

examine whether it is advisable to put on the agenda of the General Conference

the question of its full or partial revision.



Article 15



(1) if the General Conference shall adopt a new Convention revising all or

partly this Convention and does not appoint a new Convention:



and the new Convention revising) the ratification by a Member State will result ipso jure

immediate denunciation of this Convention, notwithstanding the provisions of article 11,

with the proviso that the new revising Convention enters into force;



(b)), from the time when the new revising Convention enters into force, this Convention

Member States shall cease to be open to ratification.



(2) this Convention shall remain in force, however, both in form and content for those

Member States which have ratified it, and that have not ratified the revising

the Convention.



Article 16



The English and French texts of this Convention are equally authentic.



Convention No. 99




Convention on the methods of determination of minimum wages in agriculture



The General Conference of the International Labour Organization,



the Administrative Council was convened by the International Labour Office in Geneva and

which there met at its thirty-fourth session on 6. June 1951



rozhodnuvši on the adoption of certain proposals concerning the methods of measurement

minimum wages in agriculture, which is the eighth point of the agenda of the meeting,



stanovivši, that these proposals will take the form of an International Convention,



adopts 28 June June 1951 this Convention, which will be referred to

as the Convention on the methods of determination of the minimum wages (agriculture), 1951.



Article 1



1. each Member State of the international labour organisation which ratifies

This Convention undertakes that it will maintain the proper introduces or

methods that allow to establish a minimum wage for workers employed by

on farms and in related occupations.



2. each Member which ratifies this Convention may, after consultation

with the participating nejrepresentativnějšími organisations of employers and

workers, if such organizations exist, determine the enterprises, job

and the categories of persons that will be covered in the previous paragraph

the mentioned methods for the determination of minimum wages.



3. The competent authority may exempt from the application of any or all of the individual

the provisions of this Convention categories of persons to which such provisions are in

unusable due to their working conditions, such as

such unlawfully employed family business owner.



Article 2



1. National laws or regulations, collective agreements or arbitration awards

may allow partial payment of minimum wages in kind in

cases where this method of remuneration is customary or desirable.



2. If this partial payment of minimum wages in kind is

acceptable, appropriate measures are taken to



and benefits in kind are appropriate) personal use and benefit of the employee

and his family,



(b) the value of these benefits has been) fair and reasonable.



Article 3



1. each Member which ratifies this Convention may freely

determine when maintaining the conditions, referred to in the following paragraphs,

the nature and form of the methods of the determination of minimum wages, as well as ways

What will this modification to operate.



2. before a decision about it, will be a preliminary hearing

nejrepresentativnější employers ' organizations concerned, and

employees, where such organisations exist, and at the discretion of

the competent authority whether or not other persons who are for your profession or

its authorized functions.



3. the Respective employers and workers will take part in the practical

the determination of minimum wages, or must at least be konsultováni or have

the right of presentation of his opinion, in the form and the extent to which

provided for in national legislation, in each case, however, on the basis of

full equality.



4. The minimum wage rates will be for the interested unions

employers and workers bound by it and must not be reduced.



5. the competent authority may allow individual exceptions as needed

the minimum wage rate in order to prevent a reduction of options for

the employment of the physically or mentally handicapped workers.



Article 4



1. each Member which ratifies this Convention shall take the necessary

measures to ensure that participating employers and workers

will be familiar with the applicable minimum wage rates and that paid by the

wages not lower than the minimum rates where you can use them. This

the measures will include such provisions on control, supervision and

the sanctions, which are necessary and meet the conditions in agriculture

of the country concerned.



2. Any worker subject to minimum rates of pay, and that

received a lower wage than makes these rates, should have the right to enforce judicial

way or another legally by the payment of the rest of the wages that he

include, in the time limit set by national law.



Article 5



Each Member State which ratifies this Convention, annually

The International Labour Office a general report on the method and the results of the

the implementation of this practice, together with an overview of comprehensive data on occupations

and the approximate number of employees covered by these arrangements,

established minimum wage rates, and in individual cases of

other particularly important conditions relating to modify

minimum wages.



Article 6



The formal ratifications of this Convention shall be communicated to the Director-

The International Labour Office and written by him.



Article 7



1. this Convention obliges Member States only, international organization

labour, whose ratification has been registered by the Director General.



2. Shall take effect twelve months after the date the Director writes

the ratification of the two Member States.



3. For each Member State, this Convention shall take effect twelve

months from the date on which its ratification has been registered.



Article 8



1. a declaration, addressed to the Director-General of the International Labour Office

According to paragraph 2 of article 35 of the Constitution of the International Labour Organisation, the

indicate:



and in respect of which) territory, the Member State concerned undertakes to implement the

the provisions of the Convention without changes



(b)) the territory in respect of which undertakes to implement provisions of the Convention,

changes, and details about these changes,



(c)) the territories to which it is not possible to implement the Convention, and in these cases

the reasons for which it is not possible to carry out,



(d)) of the territory in respect of which reserves its decision to a deeper

assessment of the situation.



2. The obligations referred to under letters a and b)) of the first paragraph of this article

will be considered as an integral part of the ratification and will have the same

effects.



3. each Member State may, at the new Declaration fully for

in part, give up the reservations contained in its original statement on the basis of

the provisions in (a) (b)), (c)) or (d)) of the first paragraph of this article.



4. each Member State may, in the periods during which you can cancel the Convention

in accordance with the provisions of article 10, send to the Director a new declaration

amending in any other direction the text of any of the earlier

statements and containing information about the current situation in those territories.



Article 9



1. the Statement sent by the Director-General of the International Labour Office

pursuant to paragraphs 4 and 5 of article 35 of the Constitution of the International Labour Organisation

will indicate whether the provisions of the Convention will be implemented on a given territory

without changes, or change. If the statement stated that the

the provisions of the Convention shall be implemented with changes, must be set out in detail

stated in what way these changes are.



2. a Member State, the Member States or competent international authority

can a subsequent declaration fully or partially waive the right to rely on the

with any of the changes referred to in an earlier statement.



3. the Member States, the Member States or competent international authority may, in the

periods during which you can terminate the Convention in accordance with the provisions of article 10,

send to the Director a new declaration, amending in any

another direction of the text of any previous declarations and containing the data

on the current state, with regard to the implementation of this Convention.



Article 10



1. each Member which has ratified this Convention may denounce it

After the expiration of ten years from the date on which this Convention first acquired

the effectiveness of written communication, the Director General of the International Office

work that is writes. Denunciation shall take effect one year after the date on which the

It was registered.



2. each Member State that has ratified this Convention and which does not apply

rights to terminate her under this article during the year following

the expiry of the period of ten years, as indicated in the previous paragraph, the

bound by the Convention for the next ten-year period and then it will be able to terminate

on the expiry of the 10-year period, under the conditions laid down in this

article.



Article 11



1. the Director General of the International Labour Office shall notify all Member

States, the International Labour Organisation the ratification, writing any statement

and depositions, which he shall communicate to the members of the organization.



2. When the Member States of the Organization to communicate to write the second

the ratification was announced to him, General Manager notifies Member

States of the Organization to the date when this Convention enters into force.



Article 12



Director General of the International Labour Office shall notify the

the Secretary-General of the United Nations for registration in accordance with article 102 the Charter of the United

Nations full particulars of all ratifications, declarations and denunciations,

which enrolled under the provisions of the preceding articles.



Article 13



Always, if deemed necessary, the Governing Board of the International Office

work shall submit to the General Conference a report on the implementation of this Convention, and

examine whether it is advisable to put on the agenda of the General Conference

the question of its full or partial revision.



Article 14



1. the General Conference adopt a new Convention revising all or

partly this Convention and does not appoint a new Convention



and the new Convention revising) the ratification by a Member State will result ipso jure


immediate denunciation of this Convention, notwithstanding the provisions of article 10,

with the proviso that the new revising Convention enters into force,



(b)), from the time when the new revising Convention enters into force, this Convention

Member States shall cease to be open to ratification.



2. this Convention shall remain in force, however, both in form and content for those

Member States which have ratified it, and that have not ratified the revising

the Convention.



Article 15



The English and French texts of this Convention are equally authentic.