Communication from the Federal Ministry of Foreign Affairs No. 489 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on Freedom of Association and Protection of the Right to Organise (No 87)
Valid
Effective from 21.01.1965
489
COMMUNICATION
Federal Ministry of Foreign Affairs
On 9 July 1948, the Federal Ministry of Foreign Affairs stated that the Convention on Freedom of Association and Protection of the Right to Organise (No 87) was adopted at the 31st session of the International Labour Organisation General Conference. The ratification of the Convention by the Czechoslovak Socialist Republic was registered on 21 January 1964 by the Director-General of the International Labour Office. Pursuant to Article 15 of the Convention, the Convention entered into force for the Czechoslovak Socialist Republic on 22 January 1965.
The Czech translation of the Convention is being announced simultaneously.
Convention No 87
Convention on Freedom of Association and Protection of the Right to Organise
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in San Francisco and met there on 17 June 1948 at its 31st session,
Decide to adopt in the form of a Convention certain proposals concerning freedom of association and the protection of the right to organise trade unions, which are the seventh item of the agenda of the sitting,
Considering that the preamble to the ILO Constitution declares recognition of the principle of freedom of association as a means of improving employment conditions and ensuring peace,
Taking into account that the Philadelphia Declaration reaffirmed that "freedom of expression and association is a prerequisite for constant progress',
Taking into account that the International Labour Conference at its 30th session unanimously approved principles which could form the basis of international regulation,
Taking into account that the United Nations General Assembly adopted these principles at its second session and called on the International Labour Organisation to make all its efforts to allow one or more international conventions to be adopted,
adopts on 9 July 1948 the Convention, which will be referred to as the Convention on Freedom of Association and Protection of the Right to Organise, 1948:
FREEDOM OF ASSOCIATION
Each Member State The International Labour Organisation to which this Convention applies undertakes to implement the following provisions.
Workers and employers, without any distinction, shall have the right, without prior authorisation, to establish organisations at their choice and to become members of such organisations, on the sole condition that they comply with the statutes of such organisations.
(1) Workers' and employers' organisations have the right to draw up their statutes and rules, to freely elect their representatives, to organise their administration and activity and to formulate their programme.
(2) The public authorities shall refrain from any intervention which restricts or prevents the lawful execution of this right.
Workers' or employers' organisations shall not be subject to dissolution or suspension by administrative means.
Workers' and employers' organisations have the right to establish federations and confederations as well as to become members thereof, and any organisation, federation or Confederation has the right to become a member of international organisations of workers and employers.
The provisions of Articles 2, 3 and 4 above shall apply to the federations and confederations of workers' and employers' organisations.
The acquisition of a legal entity by workers' or employers' organisations, their federations and confederations may not be subject to conditions which would restrict the implementation of the provisions of Articles 2, 3 and 4 above.
(1) When exercising the rights conferred on them by this Convention, workers, employers and their respective organisations, as well as other persons and organised groups, must ensure that they are lawful.
(2) National legislation must neither restrict nor be applied in such a way as to limit the guarantees provided for in this Convention.
(1) The extent to which the guarantees under this Convention will be exercised by the armed forces and the police will be determined by national legislation.
(2) According to the principles laid down in paragraph 8 of Article 19 of the ILO Constitution, the ratification of this Convention by a Member State may not be considered to affect any existing law, judicial decision, custom or agreement whereby the members of the armed forces and the police are granted the rights guaranteed by this Convention.
In this Convention, the word "organisation" means any organisation of workers or employers which aims to promote and defend the interests of workers or employers.
PROTECTION OF TRADE RIGHTS
Each Member State The International Labour Organisation to which this Convention applies undertakes to take all necessary and appropriate measures to ensure that workers and employers are free to exercise the right of trade union organisation.
MISCELLANEOUS MEASURES
(1) As regards the territories referred to in Article 35 of the International Labour Organisation Constitution, as amended by the Act amending the Constitution of the International Labour Organisation of 1946, with the exception of the territories referred to in paragraphs 4 and 5 of the said amended Article, each Member State of the organisation which ratifies this Convention shall send to the Director-General of the International Labour Office, at the same time as the ratification of the Convention or at the earliest possible time after its ratification, a declaration stating:
(a) territories in respect of which it undertakes to implement the provisions of the Convention without amendment;
(b) territories for which it undertakes to implement the provisions of the Convention, subject to amendments and details of such amendments;
(c) territories in which the Convention cannot be implemented and in such cases the grounds for which it cannot be implemented;
(d) the territory for which it reserves its decision.
(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) and (d) of the first paragraph of this Article.
(4) Each Member State may, in the periods during which this Convention may be terminated in accordance with the provisions of Article 16, send to the Director-General a new declaration amending in any other way the text of any previous declaration and indicating the current situation in such territories.
(1) Where the issues covered by this Convention fall within the competence of the authorities of the non-metropolitan territory, the Member State responsible for the international contacts of that territory in an agreement with the Government of that territory may send the Director-General of the International Labour Office a declaration on behalf of that territory of acceptance of the commitments contained in that Convention.
(2) A declaration of acceptance of the commitments contained in this Convention may be sent to the Director-General of the International Labour Office:
(a) two or more Member States of the organisation for the territory under their common competence;
(b) by any international authority responsible for the management of any territory under the provisions of the Charter of the United Nations or any other provision in force concerning that territory.
(3) The declarations sent to the Director-General of the International Labour Office pursuant to the provisions referred to in the previous paragraphs of this Article shall indicate whether the provisions of the Convention will be implemented in a given territory without amendment or amendment, provided that the declaration states that the provisions of the Convention will be implemented with amendments, shall specify in detail what those amendments consist of.
(4) A Member State, Member States or a competent international authority may waive, in whole or in part, the right to invoke any change referred to in the earlier declaration by a subsequent declaration.
(5) A Member State, Member States or a competent international authority may, during periods during which this Convention may be terminated in accordance with the provisions of Article 16, send to the Director-General a new declaration amending in any other way the wording of any earlier declaration and containing details of the current situation as regards the implementation of this Convention.
FINAL PROVISIONS
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) 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 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 this Convention and does not provide otherwise for the new Convention:
(a) ratification by a Member State of a new revising convention shall cause ipso jure to be terminated immediately, regardless of the provisions of Article 16, 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. 489 / 1990 Coll., on the negotiation of the Convention on Freedom of Association and Protection of the Right to Organise (No 87) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.1990 |
|---|---|
| Effective from | 21.01.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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