| GB.268/LILS/10/2
268th Session Geneva, March 1997 |
| Committee on Legal Issues and International Labour Standards | LILS |
TENTH ITEM ON THE AGENDA
Forms for reports under articles 19 and 22
of the Constitution
(b) Form for reports on unratified Conventions
(article 19 of the Constitution):
the Freedom of Association and Protection
of the Right to Organise Convention, 1948 (No. 87)
and the Right to Organise and Collective Bargaining
Convention, 1949 (No. 98)
1. In accordance with the decision taken by the Governing Body at its 265th Session (March 1996) and with the usual practice, the Committee is requested to examine the appended draft forms to be used as a basis for the reports on the Conventions which member States will be required to submit in accordance with the recommendations made by the Committee.
2. The Committee is invited to decide on the report forms for the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
Geneva, 5 February 1997.
Point for decision: Paragraph 2.
Appl.19.C.87
Freedom of Association and Protection of the
Right to Organise Convention, 1948
INTERNATIONAL LABOUR OFFICE
REPORTS ON UNRATIFIED CONVENTIONS
(Article 19 of the Constitution of the
International Labour Organization)
REPORT FORM FOR THE FREEDOM OF ASSOCIATION
AND PROTECTION OF THE RIGHT TO ORGANISE
CONVENTION, 1948 (No. 87)
GENEVA
1997
Report
to be made no later than 30 April 1998, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of: ............................ on the
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)(1)
adopted by the International Labour Conference at its Thirty-first Session.
I. Please indicate whether effect is given in your country to all or some of the provisions of the Convention --
(a) by customary law or practice, or
(b) by legislation.
In the first alternative, please indicate how effect is given to the Articles of the Convention.
In the second alternative, please forward to the International Labour Office copies of the legislative texts and regulations mentioned in this report as well as any other available documents relating to the effect given to the provisions of the Convention, such as forms, model rules, handbooks, inspection reports, statistics, etc.
II. Please give in summarized form information concerning the legislation, regulations, important judicial decisions and practice existing in your country which may facilitate an appreciation of the extent to which effect has actually been given to the provisions of the Convention.
Please indicate whether there exist legislative provisions or special and/or separate regulations covering the establishment of, on the one hand, workers' organizations, and, on the other hand, employers' organizations.
Please specify whether there exist any special legislative provisions or regulations regarding the establishment of organizations by certain categories of salaried or independent workers (other than members of the armed forces and the police) and, in particular, by public officials, employees of publicly owned undertakings, agricultural workers and seafarers. If so, please indicate for each of the Articles of the Convention what are the special legal provisions which apply as regards the establishment, functioning and dissolution of such organizations.
In particular, please supply information on the following points:
1. Are the workers and employers in your country, without distinction whatsoever, entitled to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization (Article 2 of the Convention)?
2. Please indicate the categories of persons (other than members of the armed forces and police) who might not enjoy the right to establish and join such organizations. Please motivate the information given.
3. Please indicate what substantive or formal conditions, if any, must be fulfilled by workers' and employers' organizations when they are being established (Article 2).
4. Please state the conditions governing the right of workers' and employers' organizations to draw up their constitution and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3). Please indicate also the provisions relating to the acquisition, the use and the disposal of the assets of these organizations and facilities they need to exercise these rights.
5. Please indicate, in particular, the election eligibility criteria regarding age, sex, nationality and membership of the sector.
6. Please indicate whether there exist mechanisms for the settlement of collective industrial disputes. If so, please describe them. If not, please explain why.
7. Please also indicate whether the rights to strike and lock-out are granted to workers and employers. If so, please indicate the requirements for exercising these rights. If not, please explain why.
8. Please indicate whether employers' and workers' organizations are liable to dissolution or suspension by administrative authority and indicate the legislative provisions, if any, relating to the dissolution or suspension of such organizations (Article 4).
9. Please indicate whether and, if so, in what manner, effect is given to Article 5 of the Convention concerning the right of organizations to establish federations and confederations and to join international workers' and employers' organizations. Please also indicate whether, as provided for in Article 6, federations and confederations are entitled, with regard to their establishment, functioning and dissolution, to the same guarantees as their constituent organizations (Articles 2, 3 and 4). If this is not the case, please indicate the impediments existing in these two areas.
10. Please indicate whether the acquisition of legal personality is optional or compulsory for workers' and employers' organizations and to what conditions such acquisition is made subject (Article 7). Please also indicate the advantages that flow from it.
11. Please give an overall indication of the measures of a general character which may apply to workers' and employers' organizations such as, for example, constitutional provisions, general legislation concerning meetings and publications of associations, laws concerning the security of the State or a state of emergency, Penal Codes, etc. (Article 8).
12. Please indicate to what extent the guarantees prescribed by the Convention apply to members of the armed forces or the police (Article 9).
III. (a) Please indicate whether any modifications have been made in national legislation or practice with a view to giving effect to all or some of the provisions of the Convention.
(b) Please describe, in detail, any difficulties arising from the Convention, from national legislation or practice, or any other reason which may prevent or delay the ratification of the Convention.
(c) Please also state whether it is intended to adopt measures to give effect to those provisions of the Convention not yet covered by national legislation or practice.
IV. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.(2)
Please state whether you have received from the organizations of employers or workers concerned any observations concerning the effect given, or to be given, to the instrument to which the present report relates.
Federal States
(a) Please indicate whether the provisions of the Convention are considered by the federal government to be appropriate, under its constitutional system, for action at the federal level or whether they are considered to be more appropriate, in whole or in part, for action at the level of the constituent States, provinces or cantons.
(b) Where action at the federal level is appropriate, please provide the information specified in points I, II, III and IV of this form.
(c) Where action by the constituent units is considered to be appropriate, please supply general information corresponding to points I, II, III(a) and (c) and IV of this form. Please also mention any arrangements it has been possible to make within the federal State with a view to promoting coordinated action to give effect to all or some of the provisions of the Convention, giving a general indication of any results achieved through such coordinated action.
1 The text of the Convention is appended.
2 Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3 copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."
Appl.19.C.98
Right to Organise and Collective
Bargaining Convention, 1949
INTERNATIONAL LABOUR OFFICE
REPORTS ON UNRATIFIED CONVENTIONS
(Article 19 of the Constitution of the
International Labour Organization)
REPORT FORM FOR THE RIGHT TO ORGANISE AND COLLECTIVE
BARGAINING CONVENTION, 1949 (No. 98)
GENEVA
1997
Report
to be made no later than 30 April 1998, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of: ............................ on the
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)(1)
adopted by the International Labour Conference at its Thirty-second Session.
I. Please indicate whether effect is given in your country to all or some of the provisions of the Convention --
(a) by customary law or practice, or
(b) by legislation.
In the first alternative, please indicate how effect is given to the Articles of the Convention.
In the second alternative, please forward to the International Labour Office copies of the legislative texts and regulations mentioned in this report as well as any other available documents relating to the effect given to the provisions of the Convention, such as forms, handbooks, inspection reports, etc.
II. Please give in summarized form information concerning the legislation, regulations, important judicial decisions and practice existing in your country which may facilitate an appreciation of the extent to which effect has been given in fact to the provisions of the Convention.
In particular, please supply information on the following points:
1. How is protection against acts of anti-union discrimination ensured to workers (Article 1 of the Convention)?
2. How is protection against acts of interference by each other ensured to workers' and employers' organizations (Article 2)?
3. Please indicate whether any judicial or administrative machinery exists for the purpose of ensuring protection against acts of anti-union discrimination and acts of interference (Article 3). Please describe the existing remedies to redress such acts.
4. Please indicate any measures taken to promote collective bargaining (Article 4).
5. In particular, please describe the collective bargaining machinery indicating whether it involves any intervention by the public authorities and, if so, in which circumstances and according to which criteria.
6. Please indicate to what extent the guarantees provided in the Convention apply to members of the armed forces and the police (Article 5).
7. Please indicate which categories of public servants and employees of the State enjoy the guarantees provided in the Convention (Article 6).
III. (a) Please indicate whether any modifications have been made in national legislation or practice with a view to giving effect to all or some of the provisions of the Convention.
(b) Please describe, in detail, any difficulties arising from the Convention or national legislation or practice or any other reason which may prevent or delay the ratification of the Convention.
(c) Please state also whether it is intended to adopt measures to give effect to those provisions of the Convention not yet covered by the national legislation or practice.
IV. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.(3)
Please state whether you have received from the organizations of employers or workers concerned any observations concerning the effect given, or to be given, to the instrument to which the present report relates.
Federal States
(a) Please indicate whether the provisions of the Convention are considered by the federal government to be appropriate, under its constitutional system, for action at the federal level or whether they are considered to be more appropriate, in whole or in part, for action at the level of the constituent States, provinces or cantons.
(b) Where action at the federal level is appropriate, please provide the information specified in points I, II, III and IV of this form.
(c) Where action by the constituent unit is considered to be appropriate, please supply general information corresponding to points I, II, III(a) and (c) and IV of this form. Please also mention any arrangements it has been possible to make within the federal State with a view to promoting coordinated action to give effect to all or some of the provisions of the Convention, giving a general indication of any results achieved through such coordinated action.
1 The text of the Convention is appended.
2 Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3 copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."