International Training Centre of the ILO 2007 Freedom

© International Training Centre of the ILO 2007 Freedom of association: ILO principles and standards Maura Miraglio www. itcilo. org International Training Centre of the ILO 1

FOA is key l Human right universally recognized and protected l Core value for the ILO www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 - Constitution, 1919 - Declaration of Philadelphia, 1944 - Declaration on Fundamental Principles and Rights at Work, 1998 - Declaration on Social Justice for a Fair Globalization, 2008 - Global Jobs Pact, 2009 2

l l l Right to life and personal safety Right to freedom and security of persons from arbitrary arrest and detention Right to a fair trial before an independent and impartial body Freedom of assembly Freedom of opinion and expression Right to protection of the property of trade union organizations ILC Resolution on Trade Union Rights and Civil Liberties, 1970 www. itcilo. org International Training Centre of the ILO 3 © International Training Centre of the ILO 2007 FOA and civil liberties

FOA is also strictly linked to… l Democracy l Other fundamental principles and rights at © International Training Centre of the ILO 2007 work l Other ILS www. itcilo. org International Training Centre of the ILO 4

ILO core instruments on FOA Freedom of Association and Protection of the Right to Organise, 1948 (150 ratifications) l C 98: Right to Organise and Collective Bargaining, 1949 (160 ratifications) www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 l C 87: 5

C 87 & C 98 standards that: - reflect universally acknowledged principles - should be respected, no matter what is the level of development - are minimum, thus not negotiable www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 l Contain 6

Other ILO instruments on FOA C 11: Right of Association (Agriculture), 1921 l R 91: Collective agreements, 1952 l C 135 & R 143: Workers’ Representatives, 1971 l C 141 & R 149: Rural Workers’ Organisations, 1975 l C 151 & R 159: Labour Relations (Public Service), 1978 l C 154 & R 163: Collective Bargaining, 1981 www. itcilo. org International Training Centre of the ILO 7 © International Training Centre of the ILO 2007 l

ILO Convention No. 87 free exercise of the right to organize of workers and employers vis-àvis public authorities l Coverage: employers and workers (exception: armed forces and police, interpreted narrowly) © International Training Centre of the ILO 2007 l Objective: www. itcilo. org International Training Centre of the ILO 8

C 87: Art. 2 www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 Right of workers and employers to establish and join organizations: l without any distinction l without previous authorization l of their own choosing 9

C 87: Art. 10 © International Training Centre of the ILO 2007 What organizations? l Any organization for furhtering and defending the interests of workers or employers www. itcilo. org International Training Centre of the ILO 10

C 87: Art. 3 www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 Rights of workers’ and employers’ organizations to: l draw up constitution and rules l elect representatives in full freedom l organize their administration and activities l formulate their programmes 11

C 87: Arts. 4 -6 to form federations and confederations l Right to affiliate with international organizations l Federations and confederations enjoy same rights of first level organizations l No dissolution or suspension by administrative authorities www. itcilo. org International Training Centre of the ILO 12 © International Training Centre of the ILO 2007 l Right

Obligation to comply with national legislation: l workers’ and employers’organizations, like other persons and organizations, shall respect the law of the land l the law of the land its application should not impair the guarantees provided in C 87 www. itcilo. org International Training Centre of the ILO 13 © International Training Centre of the ILO 2007 C 87: Art. 8

Right to strike explicitly mentioned in C 87, but derived from Arts. 3 and 10 from the ILO supervisory bodies l Fundamental right l Essential means available to workers and their organizations to promote and defend their economic and social interests l Intrinsic corollary of the right to organize www. itcilo. org International Training Centre of the ILO 14 © International Training Centre of the ILO 2007 l Not

Contd. Not absolute right, limitations or prohibitions possible: of armed forces and police l public servants exercising authority in the name of the State l acute national crisis l workers in essential services (in the strict sense) www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 l members 15

Essential services (strict sense) Hospitals l Electricity services l Water supply services l Telephone service l Air traffic control l Fire-fighting service l Prison services l Provision of food to pupils of schools age and cleaning of school Compensatory guarantees www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 l 16

l l l 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 Railway services Airplane pilots Production, transport and distribution of fuel Metro Refuse collection services www. itcilo. org l l l l Refrigeration enterprises Construction Automobile manufacturing Aircraft repair Agricultural activities, the supply and distribution of foodstuff The Mint The government printing service The state alcohol, salt and tobacco monopolies The education sector Postal services Mineral water bottling companies Hotel services Department stores and pleasure parks International Training Centre of the ILO 17 © International Training Centre of the ILO 2007 Non-essential services

ILO Convention No. 98 C 87, deals with relations between workers and employers l Objectives: protection against anti-union discrimination and interference; promotion of collective bargaining l Coverage: all workers (exceptions: armed forces, police and public servants engaged in the administration of the State excluded) www. itcilo. org International Training Centre of the ILO 18 © International Training Centre of the ILO 2007 l Completes

C 98: Art. 1 www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 Protection against anti-union discrimination: l all prejudicial acts l in taking up employment, the course of and termination l for membership and/or participation in trade union activities l WHAT: legal provisions; effective and rapid procedures; preventive machinery; burden of proof on the employer; compensation (full); effective and dissuasive sanctions 19

C 98: Art. 2 www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 Protection against interference by each other: l all acts l in establishment, functioning or administration l independence is a fundamental prerequisite to collective bargaining l WHAT: express legislative provisions against interference; rapid appeal procedures; effective and dissuasive sanctions 20

C 98: Art. 4 www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 Promotion of collective bargaining l Nature: collective bargaining leading to collective agreements (precedence over individual contracts) l Scope: terms and conditions of employment l Between: workers’ organizations, employers or their organizations 21

Collective bargaining at any level l Level at the choice of the parties l Principle of free and voluntary negotation l Principle of bargaining in good faith © International Training Centre of the ILO 2007 l Possible www. itcilo. org International Training Centre of the ILO 22

ILO core documents on FOA Survey by the Committee of Experts (1994) l Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO (2006) © International Training Centre of the ILO 2007 l General www. itcilo. org International Training Centre of the ILO 23

THANK YOU FOR YOUR ATTENTION! www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 Maura Miraglio Freedom of Association Cluster ITC-ILO Standards and Fundamental Principles and Rights at Work Programme m. miraglio@itcilo. org 24