Freedom of Association Turin October 2010 Freedom of

Freedom of Association Turin, October 2010

Freedom of association is key n n Preamble to the ILO Constitution, 1919 Declaration of Philadelphia, 1944 Declaration on Fundamental Principles and Rights at Work, 1998 Social Justice Declaration, 2008

Freedom of association and human rights n 1970 Resolution on trade union rights and civil liberties n n The right to freedom and security of person and freedom from arbitrary arrest and detention Freedom of opinion and expression Freedom of assembly Protection of trade union premises and property

Fundamental Conventions on Freedom of Association and Collective Bargaining n n Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) (150 ratifications) Right to Organise and Collective Bargaining Convention, 1949 (No. 98) (160 ratifications)

Other Conventions and Recommendations n n n Right of Association (Agriculture) Convention, 1921 (No. 11) Rural Workers’ Organisations Convention, 1975, (No. 141) and Recommendation (No. 149) Collective Agreements Recommendation, 1951 (No. 91) Workers’ Representatives Convention, 1971 (No. 135) and Recommendation, (No. 143) Labour Relations (Public Service) Convention, 1978 (No. 151) and Recommendation (No. 159) Collective Bargaining Convention, 1981 (No. 154) and Recommendation (No. 163)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) n n n Objective: Freedom of association without interference from public authorities (independence) Scope: all employers and workers without distinction Exception: armed forces and police (narrowly defined)

Right of employers and workers (Article 2) n Without distinction whatsoever (public servants, rural workers, home workers, EPZ workers, seafarers, young workers, teachers, managers, foreigners) n n To establish organizations of their own choosing (trade union pluralism) Without previous authorization (registration, minimum membership)

Rights of employers’ and workers’ organizations (Article 3) n Draw up their constitutions and rules n Elect their representatives (results not n Organize their administration n (only formal requirements, no prior approval) subject to approval, eligibility requirements not excessively restrictive) (autonomy, financial independence, protection of assets and property) Organize their activities and formulate their programmes (hold meetings, access to the workplace, political activities, the right to strike)

The right to strike (Arts. 3, 10) n n Essential means available to workers for the protection and promotion of their interests Not an absolute right. Restrictions in case of: n n acute national crisis members of the armed forces and the police public servants exercising authority in the name of the State workers in essential services in the strict sense of the term

Essential services in the strict sense n Strike may endanger life, personal safety, health: n n n hospitals electricity services water supply services telephone service air traffic control Compensatory guarantees (arbitration)

Non-essential services n n n n n Radio and television the petroleum sector and ports banking computer services for the collection of excise duties and taxes department stores and pleasure parks the metal and mining sectors transport generally refrigeration enterprises hotel services n n n n n construction automobile manufacturing aircraft repair agricultural activities the supply and distribution of foodstuffs the government printing service the state alcohol, salt and tobacco monopolies the education sector postal services

Minimum services n n In public services of fundamental importance Genuinely minimum Workers’ and employer's participation in definition Disagreements settled by an independent body

Compulsory arbitration n Acceptable only: n n n Acute national crisis Public servants exercising authority in the name of the state Essential services in the strict sense

Other provisions n n n Right to form federations and confederations (Articles 5, 6) Right to affiliate with international organizations of employers and workers (Article 5) No dissolution or suspension by administrative measures (Article 4)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) n n n Completes C 87, deals with relations between workers and employers Objectives: safeguards against antiunion discrimination and interference, promotion of collective bargaining Scope: all workers except armed forces, police and public servants engaged in the administration of the state

Protection against anti-union discrimination (Article 1) n n In taking up employment, the course of employment and its termination All acts (refusal to hire, dismissal, transfer, demotion, refusal to train, blacklisting) For membership and participation in trade union activities Legislative provisions combined with enforcement mechanism (effective, expeditious, inexpensive and impartial)

Protection against interference (Article 2) n n n Independence is a fundamental prerequisite to collective bargaining Complements C 87 Rapid appeal procedures, coupled with effective and dissuasive sanctions provided in legislation

Right to collective bargaining (Article 4) n n n Obligation to promote free and voluntary collective bargaining Scope: Terms and conditions of work and employment Subjects: Workers’ organizations and employers

Right to collective bargaining (Article 4) Obligation to negotiate in good faith: Ä Implies genuine and consistent efforts by both parties to reach an agreement Ä Does not mean that there is an obligation to conclude an agreement Ä Support measures aiming at promoting collective bargaining (information, statistics, voluntary procedures designed to facilitate bargaining) § Levels of negotiation: Ä Should be possible at any level (in law and in practice) Ä Should be left to the choice of the parties concerned

Interventions by the authorities contrary to the voluntary nature of collective bargaining n n n Restricting the scope of collective bargaining Refusal to approve coll. agreements at the discretion of the authorities Annulling of modifying the content of collective agreements