Communication from the Federal Ministry of Foreign Affairs No 470 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on the Implementation of the Principles of the Right to Organise and Collective Negotiations (No 98) and the Convention on Methods for the Determination of Minimum Wages in Agriculture (No 99)
Valid
Effective from 21.01.1965
470
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 1 July 1949 the Convention on the Implementation of the Principles of the Right to Organise and Collective Negotiations was adopted at the 32nd Meeting of the International Labour Organisation General Conference (No 98) and on 28 June 1951 the Convention on Methods for the Determination of Minimum Wages in Agriculture (No 99) was adopted at the 34th Meeting of the International Labour Organisation General Conference. Ratification of the Conventions of the Czechoslovak Socialist Republic was registered on 21 January 1964 by the Director-General of the International Labour Office. Pursuant to Articles 8 and 7 of the Convention, they entered into force on 21 January 1965 for the Czechoslovak Socialist Republic.
Czech translations of the Treaties are announced simultaneously.
Convention No 98
Convention on the implementation of the principles of the right to organise and negotiate collectively
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there on 8 June 1949 at its 32nd session,
Decide to adopt certain proposals concerning the implementation of the principles of the right to organise and negotiate collectively, which are the fourth item of the agenda,
Decide that these proposals will take the form of an international convention,
adopts on 1 July 1949 the following Convention, which will be referred to as the Convention on the Right to Organise and Collective Negotiations, 1949:
(1) Workers will enjoy adequate protection against any discrimination aimed at threatening trade union freedom in their employment.
(2) Such protection shall in particular apply in respect of acts aimed at:
(a) bind a worker on condition that he does not become a member of a trade union organisation or cancel his membership of a trade union organisation;
(b) to release or otherwise harm a worker for his or her membership of trade unions or for his or her participation in trade union activities in non-working time or, with the employer's consent, during working time.
(1) Workers' and employers' organisations shall enjoy adequate protection from any interference in other matters, whether directly or through representatives or members, in the establishment, operation or administration of their organisations.
(2) In particular, measures shall be regarded as interference within the meaning of this Article to create organisations of workers controlled by employers or employers' organisations or to support workers' organisations by financial or other means with a view to making such organisations subject to the control of employers or employers' organisations.
Where necessary, authorities shall be established appropriate to national conditions to ensure respect for the right to organise themselves, as defined in the previous Articles.
Where necessary, measures shall be taken appropriate to the national conditions for encouraging and promoting the widest possible development and use of the method of voluntary bargaining between employers and employers' organisations, on the one hand, and workers' organisations, on the other, in order to adapt employment conditions through collective agreements.
(1) The extent to which the guarantees under this Convention will be applied in the armed forces and in the police will be determined by national legislation.
(2) In accordance with the principles laid down in paragraph 8 of Article 19 of the International Labour Organisation Constitution, the ratification of this Convention by a Member State may not be considered to affect any existing law, judicial decision, practice or agreement whereby members of the armed forces and the police are granted the rights guaranteed by this Convention.
This Convention does not deal with the status of public servants working in public administration and will in no way be interpreted as prejudicing their rights or their status.
The formal ratification of this Convention shall be notified to and registered by the Director-General of the International Labour Office.
(1) This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.
(2) It will take effect 12 months after the ratification of two Member States has been registered by the Director-General.
(3) For each other Member State, this Convention shall take effect 12 months from the date on which its ratification was registered.
(1) The declarations sent to the Director-General of the International Labour Office pursuant to paragraph 2 of Article 35 of the Constitution of the International Labour Organisation shall indicate:
(a) territories in respect of which the Member State concerned undertakes to implement the provisions of the Convention without amendment;
(b) territories which are clearly committed to implementing the provisions of the Convention with amendments and details of such amendments;
(c) the territories in which the Convention cannot be implemented and in such cases the reasons for which it cannot be implemented;
(d) territories in respect of which it reserves its decisions until a deeper assessment of the situation.
(2) The commitments referred to in points (a) and (b) of the first paragraph of this Article shall be considered as an integral part of ratification and shall have the same effect.
(3) Each Member State may at any time, in whole or in part, waive the reservations contained in its original declaration under points (b), (c) or (d) of the first paragraph of this Article.
(4) Each Member State may, during periods during which the Convention may be terminated in accordance with the provisions of Article 11, send to the Director-General a new declaration amending in any other way the wording of any earlier declaration and indicating the current situation in such territories.
(1) Statements sent to the Director-General of the International Labour Office pursuant to paragraphs 4 and 5 of Article 35 of the ILO Constitution shall indicate whether the provisions of the Convention will be implemented in a specific territory without modification or amendment; where it is stated in the declaration that the provisions of the Convention will be implemented with amendments, it shall specify in detail what those amendments consist of.
(2) A Member State, Member States or a competent international authority may waive, in whole or in part, the right to invoke any of the amendments mentioned in the earlier declaration by a subsequent declaration.
(3) A Member State, Member States or a competent international authority may, during periods during which the Convention may be terminated in accordance with the provisions of Article 11, send a new declaration to the Director-General amending, in any other way, the wording of any earlier declaration and containing information on the state of play as regards the implementation of this Convention.
(1) Any Member State which has ratified this Convention may denounce it after a period of 10 years from the date on which the Convention first came into force, by written notification to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered.
(2) Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the expiry of the 10-year period referred to in the preceding paragraph shall be bound by the Convention for a further 10-year period and shall then be able to terminate it after the 10-year period under the conditions laid down in this Article.
(1) The Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation of the registration of any ratification, declaration and denunciation communicated to it by the members of the Organisation.
(2) When notifying the Member States of the Organisation of the minutes of the second ratification notified to it, the Director-General shall notify the Member States of the Organisation of the date on which this Convention enters into force.
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 the full details of all the ratification, declarations and statements which he has entered in accordance with the provisions of the previous Articles.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and examine whether it is appropriate to put on the agenda of the General Conference a question of its complete or partial revision.
(1) Where the General Conference adopts a new Convention which fully or partially revises this Convention and does not provide otherwise for the new Convention:
(a) ratification by a Member State of a new revising convention shall cause the ipso jure to be terminated immediately, regardless of the provisions of Article 11, subject to the fact that the new revising convention becomes effective;
(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.
(2) However, this Convention shall remain in force in its form and content for those Member States which have ratified it and which have not ratified the revised Convention.
The English and French versions of this Convention shall be equally authentic.
Convention No 99
Convention on the methods for determining minimum wages in agriculture
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there at its 36th session of 6 June 1951,
Decide on the adoption of certain proposals concerning the methods for determining minimum agricultural wages, which are the eighth item on the agenda,
state that these proposals will take the form of an international convention,
adopts the Convention on 28 June 1951, which will be referred to as the Convention on Methods of Minimum Wages (Agriculture), 1951.
1. Any Member State of the International Labour Organisation which ratifies this Convention undertakes to establish or maintain appropriate methods to establish minimum wages for workers employed in farms and related professions.
2. Any Member State which ratifies this Convention may, in consultation with the most representative employers' and workers' organisations involved, in so far as such organisations exist, designate undertakings, employment and categories of persons to whom the minimum wage methods referred to in the preceding paragraph will apply.
3. The competent authority may exempt from the implementation of all or individual provisions of this Convention categories of persons for whom those provisions are not applicable as a result of their working conditions, such as family members employed by the owner of the undertaking.
1. National legislation, collective agreements or arbitration rulings may allow partial payment of the minimum wage in kind where such remuneration is customary or desirable.
2. Where such partial payment of the minimum wage in kind is permissible, appropriate measures shall be taken to:
(a) such naturals are appropriate to the personal need and benefit of the staff member and his family;
(b) the value of these benefits was fair and reasonable.
1. Any Member State which ratifies this Convention may freely determine, subject to the conditions set out in the following paragraphs, the nature and form of the methods for determining minimum wages and the manner in which such arrangements will be implemented.
2. Before this is decided, the most representative employers' and employees' organisations concerned, where such organisations exist, and other persons, at the discretion of the competent authority, who are specifically entitled to do so by their profession or function, shall be heard in advance.
3. The relevant employers and workers shall participate in the practical setting of minimum wages or shall at least be consulted or have the right to present their opinion in the form and extent laid down by national legislation, but in any case on the basis of full equality.
4. The minimum wage rates set shall be binding on the employers' and employees' associations involved and shall not be reduced.
5. The competent authority may allow individual exemptions from minimum wage rates as necessary in order to prevent reduced employment opportunities for disabled or disabled workers.
1. Any Member State which ratifies this Convention shall take the necessary measures to ensure that participating employers and workers are familiar with the applicable minimum wage rates and that the wages paid are not lower than the minimum rates where they can be used. Such measures shall include such provisions on control, supervision and penalties as are necessary and appropriate to the agricultural situation of the country concerned.
2. Any worker to whom minimum wage rates apply and who has received a wage lower than those rates shall have the right to enforce, by judicial or other legal means, the payment of the remainder of the salary due to him within the time limit laid down by national legislation.
Each Member State which ratifies this Convention shall submit annually to the International Labour Office a general report on the manner and results of the implementation of this practice, together with an overview of the aggregated data on employment and the approximate number of employees covered by this Regulation on the minimum wage rates laid down and, in each case, other particularly important conditions relating to the adjustment of minimum wages.
The formal ratification of this Convention shall be notified to and registered by the Director-General of the International Labour Office.
1. This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.
2. It shall take effect 12 months after the Director-General has registered the ratification of two Member States.
3. For each other Member State, this Convention shall take effect 12 months from the date on which its ratification was registered.
1. Statements sent to the Director-General of the International Labour Office pursuant to paragraph 2 of Article 35 of the ILO Constitution shall indicate:
(a) territories in respect of which the Member State concerned undertakes to implement the provisions of the Convention without amendment;
(b) territories in respect of which it undertakes to implement the provisions of the Convention with amendments and details of such amendments;
(c) the territories in which the Convention cannot be implemented and in such cases the reasons for which it cannot be implemented;
(d) territories in respect of which it reserves its decision only after a deeper assessment of the situation.
2. The commitments referred to in points (a) and (b) of the first paragraph of this Article shall be considered as an integral part of ratification and shall have the same effect.
3. Each Member State may at any time, in whole or in part, waive the reservations contained in its original declaration under points (b), (c) or (d) of the first paragraph of this Article.
4. Each Member State may, during periods during which the Convention may be terminated in accordance with the provisions of Article 10, send a new declaration to the Director-General amending, in any other direction, the text of any earlier declaration containing details of the current situation in such territories.
1. Statements sent to the Director-General of the International Labour Office pursuant to paragraphs 4 and 5 of Article 35 of the ILO Constitution shall indicate whether the provisions of the Convention will be implemented in a given territory without amendment or amendment. If it is stated in the declaration that the provisions of the Convention will be implemented with amendments, it shall specify in detail what those amendments consist of.
2. A Member State, Member States or a competent international authority may waive, in whole or in part, the right to invoke any of the amendments referred to in the earlier declaration by a subsequent declaration.
3. A Member State, Member States or a competent international authority may, during periods during which the Convention may be terminated in accordance with the provisions of Article 10, send a new declaration to the Director-General amending, in any other way, the wording of any earlier declaration and containing information on the state of play as regards the implementation of this Convention.
1. Any Member State which has ratified this Convention may denounce it after a period of 10 years from the date on which the Convention first came into force, by written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered.
2. Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the expiry of a period of 10 years, as referred to in the preceding paragraph, shall be bound by the Convention for a further 10-year period and shall then be able to terminate it at the end of each 10-year period under the conditions laid down in this Article.
1. The Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation of the registration of any ratification, declaration and denunciation communicated to it by the members of the Organisation.
2. When notifying the Member States of the Organisation of the minutes of the second ratification notified to it, the Director-General shall notify the Member States of the Organisation of the date on which this Convention enters into force.
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 the full details of all the ratification, declarations and statements which he has entered in accordance with the provisions of the previous Articles.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and shall examine whether it is appropriate to put on the agenda of the General Conference a question of its full or partial revision.
1. Where the General Conference adopts a new Convention which fully or partially revises the Convention and does not provide otherwise for the new Convention,
(a) ratification by a Member State of a new revising convention shall cause the ipso jure to be terminated immediately, regardless of the provisions of Article 10, subject to the fact that the new revising convention becomes effective;
(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.
2. However, this Convention shall remain in force in its form and content for those Member States which have ratified it and which have not ratified the revised Convention.
The English and French versions of this Convention shall be equally authentic.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No 470 / 1990 Coll., on the negotiation of the Convention on the Implementation of the Principles of the Right to Organise and Collective Negotiations (No 98) and the Convention on Methods for the Determination of Minimum Wages in Agriculture (No 99) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.11.1990 |
|---|---|
| Effective from | 21.01.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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