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S C H E D U L E |
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PROVISIONS TO HAVE THE EFFECT OF LAW |
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The United Nations Declaration of Human Rights (1948) |
| | The provisions referred to in this Act are as follows:-
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Article 20 |
| | 1. Everyone has the right to freedom of peaceful assembly and association.
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| | 2. No one may be compelled to belong to an association.
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Article 23 |
| | 4. Everyone has the right to form and to join trade unions for the protection of his interests.
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Convention No. 87 of the International Labour Organisation (1948) |
| | The provisions referred to in this Act are as follows:-
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Part 1. Freedom of Association |
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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.
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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.
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| | 2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.
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Article 4 |
| | Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.
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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.
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Article 6 |
| | The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers' and employers' organisations.
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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.
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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.
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| | 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.
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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.
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| | 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 [the Crown and Her Majesty's Government] 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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Article 10 |
| | In this Convention the term "organisation" means any organisation of workers or of employers for furthering and defending the interests of workers or of employers.
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Part II. Protection of the Right to Organise |
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Article 11 |
| | [The Crown and Her Majesty's Government] undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organise.
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Convention No. 98 of the International Labour Organisation (1949) |
| | The provisions referred to in this Act are as follows:
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Article 1 |
| | 1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.
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| | 2. Such protection shall apply more particularly in respect of acts calculated to-
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(a) make the employment of a worker subject to the condition that he shall not join a trade union or shall relinquish trade union membership; |
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(b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours, or, with the consent of the employer, within working hours. |
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Article 2 |
| | 1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration.
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| | 2. In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article.
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Article 3 |
| | Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise as defined in the preceding Articles.
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Article 4 |
| | Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.
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Article 5 |
| | 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.
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| | 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 [the Crown and Her Majesty's Government] 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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The International Covenant on Economic, Social and Cultural Rights (1966) |
| | The provisions referred to in this Act are as follows:
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Article 8 |
| | 1. . . .
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(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organisation concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; |
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(b) the right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade union organisations; |
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(c) the right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; |
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(d) the right to strike, provided that it is exercised in conformity with the laws of the particular country. |
| | 2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police . . .
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| | 3. Nothing in this article shall authorise States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organise to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention.
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The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) |
| | The provisions referred to in this Act are as follows:
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Article 11 |
| | 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
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| | 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, [or] of the police . . .
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The Social Charter of the Council of Europe (1961) |
| | The provisions referred to in this Act are as follows:
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Article 4 |
| | (1) . . .the right of workers to a remuneration such as will give them and their families a decent standard of living;
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| | (3) . . .the right of men and women workers to equal pay for work of equal value;
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| | (4) . . .the right of all workers to a reasonable period of notice for termination of employment;
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| | (5) . . .permit[ted] deductions from wages only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitration awards.
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| | The exercise of these rights shall be achieved by freely concluded collective agreements, by statutory wage-fixing machinery, or by other means appropriate to national conditions.
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Article 5 |
| | With a view to ensuring or promoting the freedom of workers and employers to form local, national or international organizations for the protection of their economic and social interests and to join those organizations, the [Crown and Her Majesty's Government] undertake that national law shall not be such as to impair, nor shall it be so applied as to impair, this freedom. The extent to which the guarantees provided for in this article shall apply to the police shall be determined by national laws or regulations. The principle governing the application to the members of the armed forces of these guarantees and the extent to which they shall apply to persons in this category shall equally be determined by national laws or regulations.
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Article 6 |
| | With a view to ensuring the effective exercise of the right to bargain collectively, the [Crown and Her Majesty's Government] undertake:
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| | (1) to promote joint consultation between workers and employers;
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| | (2) to promote, where necessary and appropriate, machinery for voluntary negotiations between employers or employers' organizations and workers' organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements;
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| | (3) to promote the establishment and use of appropriate machinery for conciliation and voluntary arbitration for the settlement of labour disputes;
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| | and [the following right shall be recognised by all parties affected thereby]:
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| | (4) the right to workers and employers to collective action in cases of conflicts of interest, including the right to strike, subject to obligations that might arise out of collective agreements previously entered into.
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