On the ratification of the Convention on the Application of the Principles of the Right to Organize and Collective Bargaining

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Law of the Republic of Kazakhstan dated December 14, 2000 No. 118-II

To ratify the Convention on the Application of the Principles of the Right to Organize and to Conduct Collective Bargaining (Convention 98), adopted in Geneva by the 32nd session of the General Conference of the International Labour Organization on July 1, 1949.

President N.Nazarbayev of the Republic of Kazakhstan

Convention on the Application of the Principles of the Right to Organize and to Conduct Collective Bargaining (Geneva, June 8, 1949)

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 8 June 1949 for its thirty-second session, having decided to adopt a number of proposals on the application of the principles of the right to organize and conduct collective bargaining, which is the fourth item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this first on the day of July of the year one thousand nine hundred and forty-nine, the following Convention, which may be referred to as the 1949 Convention on the Right to Organize and to Conduct Collective Bargaining.

Article 1

1. Workers enjoy adequate protection against any discriminatory actions aimed at infringing on freedom of association in the field of work. 2. This protection applies in particular to actions aimed at: (a) subjecting the hiring or retention of an employee to the condition that he does not join or leave a trade union; b) dismiss or otherwise harm an employee on the grounds that he is a member of a trade union or participates in trade union activities outside of business hours or, with the consent of the employer, during business hours.

Article 2

1. Workers' and entrepreneurs' organizations enjoy adequate protection against any acts of interference by each other or by their agents or members in the establishment, operation and management of organizations. 2. In particular, actions aimed at facilitating the establishment of workers' organizations under the domination of entrepreneurs or organizations of entrepreneurs, or supporting workers' organizations through financing or other means in order to bring such organizations under the control of entrepreneurs or organizations of entrepreneurs, are considered interference within the meaning of this article.

Article 3

Where necessary, an apparatus appropriate to the conditions of the country is created in order to ensure respect for the right to organize, as defined in previous articles.

Article 4

Where necessary, measures appropriate to the conditions of the country are taken to encourage and facilitate the full development and use of a voluntary negotiation procedure between entrepreneurs or business organizations, on the one hand, and workers' organizations, on the other hand, with a view to regulating working conditions through collective agreements.

Article 5

1. The legislation of a country shall determine to what extent the guarantees provided for in this Convention will apply to the armed forces and the police. 2. In accordance with the principles set out in paragraph 8, Article 19 of the Constitution of the International Labour Organization, the ratification of this Convention by any Member of the Organization shall not be considered as affecting existing laws, judicial decisions, customs or agreements that grant armed forces and police personnel any rights provided for in this Convention.

Article 6

This Convention does not apply to public servants and it will in no way be interpreted as prejudicing their rights or position.

Article 7

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 8

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 9

1. Declarations addressed to the Director-General of the International Labour Office in accordance with the provisions of paragraph 2 of Article 35 of the Constitution of the International Labour Organization shall contain indications concerning: (a) territories in respect of which the Member concerned undertakes to apply the provisions of this Convention without modification; (b) territories in respect of which it undertakes to apply the provisions of this Convention as modified, and the details of these changes; (c) Territories to which the Convention will not apply, and in that case the reasons why it will not apply; (d) Territories in respect of which it reserves its decision pending further consideration of the situation. 2. The obligations referred to in subparagraphs (a) and (b) of paragraph 1 of this article shall be considered an integral part of the instrument of ratification and shall have the same effect as it. 3. Any Member may, by means of a new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphs (b), (c) and (d) of paragraph 1 of this article. 4. Any Member may, at any time during which this Convention may be denounced in accordance with the provisions of Article 11, send to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and informing him of the existing situation in certain Territories.

Article 10

1. Declarations addressed to the Director-General of the International Labour Office in accordance with the provisions of paragraphs 4 and 5 of Article 35 of the Constitution of the International Labour Organization shall indicate whether the provisions of this Convention will apply to the Territory in question with or without modification; if the declaration indicates that the provisions of the Convention will apply subject to modification, it shall specify what exactly are these changes? 2. An interested Member or Members of an Organization or an international authority may at any time, by means of a new application, waive, in whole or in part, the right to use the changes stipulated in any previous application. 3. An interested Member or Members of the Organization or an international authority may, at times when the Convention may be denounced in accordance with the provisions of Article 11, send to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and informing him of the situation with regard to the application of this Convention.

Article 11

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure established by this article.

Article 12

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification, declarations and acts of denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.

Article 13

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.

Article 14

 Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

------------------- This text of the article was adopted in 1961. See Convention 116.

Article 15

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the Organization of the new revised Convention shall automatically entail, regardless of the provisions of Article 11, the immediate denunciation of this Convention, provided that the new revised The Convention has entered into force; (b) As from the date of entry into force of the new revised Convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the new revised convention.

With tatiana 16

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

President

Republic of Kazakhstan

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