III.
Provisions of 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)
5. The basic provisions of 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) are as follows:
FREEDOM OF ASSOCIATION AND PROTECTION OF THE
RIGHT TO ORGANISE CONVENTION, 1948 (NO. 87)
Article 2
Workers and employers, without distinction whatsoever, shall have the right to establish
and, subject only to the rules of the organisation concerned, to join organisations of their own
choosing without previous authorisation.
Article 3
1. Workers’ and employers’ organisations shall have the right to draw up their
constitutions and rules, to elect their representatives in full freedom, to organise their
administration and activities and to formulate their programmes.
2. The public authorities shall refrain from any interference which would restrict this
right or impede the lawful exercise thereof.
Article 4
Workers’ and employers’ organisations shall not be liable to be dissolved or suspended
by administrative authority.
Article 5
Workers’ and employers’ organisations shall have the right to establish and join
federations and confederations and any such organisation, federation or confederation shall
have the right to affiliate with international organisations of workers and employers.
Article 6
The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of
workers’ and employers’ organisations.
Article 7
The acquisition of legal personality by workers’ and employers’ organisations,
federations and confederations shall not be made subject to conditions of such a character as to
restrict the application of the provisions of Articles 2, 3 and 4 hereof.
Article 8
1. In exercising the rights provided for in this Convention workers and employers and
their respective organisations, like other persons or organised collectivities, shall respect the
law of the land.
2. The law of the land shall not be such as to impair, nor shall it be so applied as to
impair, the guarantees provided for in this Convention.
Article 9
1. The extent to which the guarantees provided for in this Convention shall apply to the
armed forces and the police shall be determined by national laws or regulations.
2. In accordance with the principle set forth in paragraph 8 of article 19 of the
Constitution of the International Labour Organisation the ratification of this Convention by
any Member shall not be deemed to affect any existing law, award, custom or agreement in
virtue of which members of the armed forces or the police enjoy any right guaranteed by this
Convention.
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