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RS 0.822.725.4 Convention no 154 of June 19, 1981, concerning the promotion of collective bargaining

Original Language Title: RS 0.822.725.4 Convention no 154 du 19 juin 1981 concernant la promotion de la négociation collective

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0.822.725.4

Original text

Convention n O 154 concerning the promotion of collective bargaining

Concluded at Geneva on 19 June 1981
Approved by the Federal Assembly on September 19, 1983 1
Instrument of ratification deposited by Switzerland on 16 November 1983
Entry into force for Switzerland on 16 November 1984

(State on 22 March 2013)

The General Conference of the International Labour Organization,

Convened in Geneva by the Governing Council of the International Labour Office, meeting on 3 June 1981 at its sixty-seventh session;

Reaffirming the passage of the Declaration of Philadelphia, which recognizes " the solemn obligation of the International Labour Organization to support the implementation, among the various nations of the world, of programs to be carried out ... la Effective recognition of the right to collective bargaining ", and noting that this principle is" fully applicable to all peoples of the world ";

Taking into account the crucial importance of the international standards contained in the Convention on Freedom of Association and Protection of the Right to Organus, 1948 2 ; Convention on the Right to Organising and Collective Bargaining, 1949 3 ; recommendation on collective agreements, 1951; recommendation on conciliation and voluntary arbitration, 1951; convention and recommendation on labour relations in the public service, 1978 4 ; as well as convention and recommendation on labour administration, 1978 5 ;

Whereas it is desirable to make greater efforts to achieve the aims of these standards and in particular the general principles contained in Article 4 of the Convention on the Right to Organising and Collective Bargaining, 1949, and Paragraph 1 of the recommendation on collective agreements, 1951;

Whereas these standards should be complemented by appropriate measures based on those standards and intended to promote free and voluntary collective bargaining;

After deciding to adopt various proposals for the promotion of collective bargaining, which is the fourth item on the agenda of the session;

After deciding that these proposals would take the form of an international convention,

Adopted on this nineteenth day of June one thousand nine hundred and eighty-one, the following convention, which will be called the Collective Bargaining Convention, 1981:

Part I Scope and Definitions

Art. 1

1. This Convention shall apply to all branches of economic activity.

2. The extent to which the guarantees provided for in this Convention apply to the armed forces and the police may be determined by national law or practice.

3. As regards the public service, specific provisions for the application of this Convention may be laid down by national law or practice.

Art. 2

For the purposes of this Agreement, the term "collective bargaining" shall apply to all negotiations between an employer, a group of employers, or one or more employers' organizations, on the one hand, and one or more Workers' organisations, on the other hand, in order to:

(a)
Setting conditions of work and employment, and/or
(b)
Resolving the relationship between employers and workers, and/or
(c)
To resolve the relationship between employers or their organizations and one or more worker organizations.
Art. 3

1. As far as national law or practice recognises the existence of workers'representatives as defined in Article 3 (b) of the Convention on Workers' Representatives, 1971, the law or practice May determine the extent to which the term "collective bargaining" should also include, for the purposes of this Agreement, negotiations with such representatives.

2. Where, in accordance with paragraph 1 above, the term "collective bargaining" also includes negotiations with the workers' representatives referred to in that paragraph, appropriate measures shall be taken whenever there is To ensure that the presence of these representatives cannot be used to weaken the situation of the workers' organisations.

Part II Application Methods

Art. 4

Provided that the application of this Convention is not covered by collective agreements, by arbitration awards or in any other way in accordance with national practice, it shall be governed by national law.

Part III Promoting Collective Bargaining

Art. 5

Measures adapted to national circumstances will have to be taken in order to promote collective bargaining.

2. The measures referred to in paragraph 1 above shall have the following objectives:

(a)
Collective bargaining is made possible for all employers and for all categories of workers in the industries covered by this Agreement;
(b)
That collective bargaining is progressively extended to all matters covered by paragraphs (a), (b) and (c) of Article 2 of this Convention;
(c)
The development of agreed rules of procedure between employers'organisations and workers' organisations should be encouraged;
(d)
Collective bargaining is not impeded as a result of the non-existence of rules governing its conduct or the inadequacy or inappropriate character of these rules;
(e)
That the bodies and procedures for the resolution of labour disputes are designed in such a way as to promote collective bargaining.
Art. 6

The provisions of this Convention shall not prevent the functioning of professional relations systems in which collective bargaining takes place within the framework of conciliation and/or arbitration mechanisms or institutions to which The parties to collective bargaining participate voluntarily.

Art. 7

The measures taken by the public authorities to encourage and promote the development of collective bargaining will be the subject of prior consultations and, whenever possible, agreements between the public authorities and the Employers'and workers' organisations.

Art. 8

Measures taken to promote collective bargaining cannot be designed or applied in such a way as to impede the freedom of collective bargaining.

Part IV Final provisions

Art.

This Agreement shall not revise any existing convention or recommendation.

Art. 10

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

Art. 11

(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

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

Art. 12

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

Art. 13

The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

Art. 14

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 1 , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.


Art. 15

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

Art. 16

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

(a)
Ratification by a Member of the new revision agreement would automatically entail, notwithstanding Article 12 above, the immediate termination of this Convention, provided that the new revision agreement is entered into In force;
(b)
From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

Art. 17

The English and French versions of the text of this Agreement are equally authentic.

Scope of application on 22 March 2013 6

States Parties

Ratification

Entry into force

Albania

24 July

2002

24 July

2003

Antigua and Barbuda

16 September

2002

16 September

2003

Argentina

29 January

1993

29 January

1994

Armenia

29 April

2005

29 April

2006

Azerbaijan

August 12

1993

August 12

1994

Belarus

8 September

1997

8 September

1998

Belgium

March 29

1988

March 29

1989

Belize

22 June

1999

22 June

2000

Benin

10 January

2012

10 January

2013

Brazil

10 July

1992

10 July

1993

Cyprus

16 January

1989

16 January

1990

Colombia

8 December

2000

8 December

2001

Spain

11 September

1985

11 September

1986

Finland

February 9

1983

February 9

1984

Gabon

6 December

1988

6 December

1989

Greece

September 17

1996

September 17

1997

Guatemala

29 October

1996

29 October

1997

Hungary

4 January

1994

4 January

1995

Kyrgyzstan

22 December

2003

22 December

2004

Latvia

July 25

1994

July 25

1995

Lithuania

26 September

1994

26 September

1995

Morocco

3 April

2009

3 April

2010

Mauritius

23 November

2011

December 23

2011

Moldova

February 14

1997

February 14

1998

Niger

5 June

1985

5 June

1986

Norway

22 June

1982

August 11

1983

Uganda

March 27

1990

March 27

1991

Uzbekistan

15 December

1997

15 December

1998

Netherlands

22 December

1993

22 December

1994

Romania

15 December

1992

15 December

1993

Russia

September 6

2010

September 6

2011

Saint Lucia

6 December

2000

6 December

2001

San Marino

1 Er February

1995

1 Er February

1996

Sao Tome and Principe

4 May

2005

4 May

2006

Slovakia

September 17

2009

September 17

2010

Slovenia

2 February

2006

2 February

2007

Sweden

August 11

1982

August 11

1983

Switzerland

16 November

1983

16 November

1984

Suriname

5 June

1996

5 June

1997

Tanzania

August 14

1998

August 14

1999

Ukraine

May 16

1994

May 16

1995

Uruguay

19 June

1989

19 June

1990

Zambia

4 February

1986

4 February

1987


RO 1984 1279; FF 1983 I 25


1 RO 1984 1278
2 RS 0.822.719.7
3 RS 0.822.719.9
4 RS 0.822.725.1
5 RS 0.822.725.0
6 RO 1984 1279, 1987 1459, 1991 626, 2005 1777, 2008 4213, 2013 1089. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on March 22, 2013