Turin Freedom of association: Standards and Supervision Monique Cloutier ACTRAV

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

Turin Fundamental Conventions on Freedom of Association and Collective Bargaining Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) (147 ratifications) Right to Organise and Collective Bargaining Convention, 1949 (No. 98) (156 ratifications)

Turin Other Conventions and Recommendations 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)

Turin Resolutions 1952 Resolution on the independence of the trade union movement 1970 Resolution on trade union rights and civil liberties –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

Turin Convention No. 87 Deals with constitutive elements of freedom of association Objective: Freedom of association without interference from public authorities Scope: employers and workers without distinction except armed forces and police.

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

Turin Rights of employers’ and workers’ organizations (Article 3) Draw up their constitutions and rules Elect their representatives Organize their administration Organize their activities and formulate their programmes

Turin The right to strike (art. 3, 10) Essential means available to workers for the protection and promotion of their interests Not an absolute right. Restrictions in case of: –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

Turin The right to strike (cont.) Essential services (strike may endanger life, personal safety, health): –hospitals, –electricity services, –water supply services, –telephone service –air traffic control Compensatory guarantees (arbitration)

Turin Non-essential services 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, Construction, automobile manufacturing, aircraft repair, agricultural activities, the supply and distribution of foodstuffs, the Mint, the government printing service the state alcohol, salt and tobacco monopolies the education sector postal services

Turin The right to strike (cont.) Minimum services –Genuinely minimum –Workers’ and employer's participation in definition Compulsory arbitration acceptable only: –Acute national crisis –Public servants exercising authority in the name of the state –Essential services

Turin Other provisions 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)

Turin Convention No. 98 Completes C87, deals with relations between workers and employers Objectives: safeguards against anti-union discrimination and interference, promotion of collective bargaining Scope: all workers except armed forces, police and public servants engaged in the administration of the state

Turin Protection against anti-union discrimination (art. 1) 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)

Turin Protection against interference (art. 2) Independence is a fundamental prerequisite to collective bargaining Complements C87 Rapid appeal procedures, coupled with effective and dissuasive sanctions provided in legislation

Turin Collective bargaining (art. 4) Nature: Collective bargaining leading to collective agreements –Precedence over individual contracts Scope: Terms and conditions of work and employment –Conditions of employment are included Subjects: Workers’ and employers’ organizations

Turin Collective bargaining (cont.) The right is also granted to: –Staff of the bus and water administration –Persons working in public or nationalized undertakings –Employees of postal and telecommunications services –Employees of state-owned commercial or industrial enterprises –Employees of the national bank –National radio and television institutes –Seafarers not resident in the country –Civil aviation technicians –Workers in export processing zones –Contract employees

Turin Collective bargaining (cont.) Voluntary nature –No duty to use compulsory means –No overly detailed regulation –The level of negotiation should not be imposed

Turin Collective bargaining (cont.) Obligation to adopt measures to facilitate bargaining –Negotiations in good faith –Conciliation, mediation –Arbitration –Rules of procedure –Information - statistics –Recognition of representative organizations – exclusive bargaining rights

Turin Intervention by the authorities In case of economic crisis Not acceptable where intervention affects agreements in force Admissible for future negotiations under conditions

Turin ILO supervisory mechanisms

Turin Regular supervisory mechanism Committee of Experts on the Application of Conventions and Recommendations (art. 22, 23 ILO Constitution) –20 independent experts Conference Committee on the Application of Standards (art. 23 ILO Constitution) –225 Government, Employer and Worker delegates to the International Labour Conference

Turin Regular supervisory mechanism (cont.) Reports from Governments (art. 22) and comments from Employers and Workers (art. 23) Committee of Experts on the Application of Conventions and Recommendations Direct Requests sent to the Governments Observations Published in Report III (4A) Conference Committee on Application of Standards Report to the International Labour Conference

Turin Complaints based mechanisms Commission of Inquiry (complaints based on Art. 26 ILO Constitution) Ad hoc Tripartite Committee (representations based on Art. 24 ILO Constitution) Fact-Finding and Conciliation Commission on Freedom of Association (special procedure)

Turin Committee on Freedom of Association Established in 1951 by the Governing Body Tripartite Committee, nine members May examine complaints regardless of ratification Detailed rules of receivability Complaints communicated to governments Written procedure (direct contacts missions) Unanimous decisions

Turin Committee on Freedom of Association (tripartite) Fact-Finding and Conciliation Commission (independent experts) Receivable complaints transmitted to Governments for observations Examination by CFA Direct contacts Recommendations adopted by Governing Body In case of ratification, CEACR follow up Follow up discussed in Conference Committee on the Application of Standards CFA follow up

Turin CFA: allegations examined by type of violation or restriction

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