Key Benefits:
Original text
(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:
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.
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:
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.
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.
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:
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.
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.
Measures taken to promote collective bargaining cannot be designed or applied in such a way as to impede the freedom of collective bargaining.
This Agreement shall not revise any existing convention or recommendation.
The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.
(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.
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.
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.
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.
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.
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:
(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.
The English and French versions of the text of this Agreement are equally authentic.
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 |
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).