1. International Training Centre of the ILO
Freedom of association: ILO principles and standards Turin, 27 June 2012
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2. International Training Centre of the ILO
FOA is key
Human right universally recognized and protected
Core value for the ILO
- Preamble to the 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
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3. FOA and other human rights
ILC Resolution on Trade Union Rights and Civil Liberties, 1970
Right to life and personal safety
Right to freedom and security of person and freedom from arbitrary arrest and detention
Right to a fair trial before an independent and impartial body
Freedom of assembly
Freedom of opinion and expression
Protection of trade union premises and property
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4. ILO Core Instruments on FOA
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
151 ratifications, including Bangladesh, Indonesia, Malaysia, Pakistan and the Philippines
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
161 ratifications, including Bangladesh, Indonesia, Nepal, Pakistan and the Philippines
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5. Other ILO instruments on FOA
Right of Association (Agriculture) Convention, 1921 (No. 11)
Collective Agreements Recommendation, (No. 91)
Workers’ Representatives Convention (No. 135) and Recommendation (No. 143), 1971
Rural Workers’ Organisations Convention (No. 141) and Recommendation (No. 149), 1975
Labour Relations (Public Service) Convention (No. 151) and Recommendation (No. 159), 1978
Collective Bargaining Convention (No. 154) and Recommendation (No. 163), 1981
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6. International Training Centre of the ILO
ILO Convention No. 87
Objective: freedom of association without interference from public authorities
Coverage: employers and workers without distinction, except armed forces and police (interpreted narrowly)
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7. International Training Centre of the ILO
C87: Art. 2
Right of workers and employers:
without distinction whatsoever (public servants, rural workers, home workers, EPZs 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)
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8. International Training Centre of the ILO
C87: Art. 3
Rights of workers’ and employers’ organizations:
to draw up their constitutions and rules (only formal requirements, no prior approval or imposed model constitution)
to elect representatives in full freedom (results not subject to approval, eligibility requirements not excessively restrictive)
to organize their administration (autonomy and financial independence, protection of assets and property)
to organize their activities and formulate their programmes (hold meetings, access to the workplace and to communicate with the management, organize protest action, certain political activities,)
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9. International Training Centre of the ILO
The right to strike
Essential means available to workers and their organizations to protect their economic and social interests
A fundamental right
Not explicitly mentioned in C87, but derived from Arts. 3 and 10 by ILO supervisory bodies
Intrinsic corollary of the right to organize
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10. International Training Centre of the ILO
Contd.
Not absolute right, restrictions possible for:
members of armed forces and police
public servants exercising authority in the name of the State
essential services in the strict sense of the term
acute national or local crisis
Compensatory guarantees (arbitration)
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11. Non-essential services
Banking sector
Railways
Transport services and public transport
Air transport services and civil aviation
Teachers and the public education service
Agricultural sector
Fuel distribution services and the hydrocarbon, natural gas and petrochemical sector
Coal production
Maintenance of ports and airports
Port services and authorities, and loading and unloading services for ships
Postal service
Municipal services
Services for the loading and unloading of animals and of perishable foodstuffs
EPZs
Government printing services
Road cleaning and refuse collection
Radio and television
Hotel services
Construction
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12. International Training Centre of the ILO
Essential services
Air traffic control services
Telephone services
Services responsible for dealing with the consequences of natural disasters (firefighting services, health and ambulance services, prison services, security forces and water and electricity services)
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13. Negotiated minimum service
In public services of fundamental importance
Genuinely and exclusively minimum
Workers’ and employers’ participation in definition
Disagreements settled by a joint or independent body
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14. Compulsory arbitration
Acceptable only for:
public servants exercising authority in the name of the State
essential services in the strict sense of the term
acute national or local crisis (only limited period and to the extent necessary to meet requirements of the situation)
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15. International Training Centre of the ILO
C87: Arts. 4-6
Right of organizations to form federations and confederations
Right of federations and confederations to affiliate with international organizations
No dissolution or suspension by administrative measures
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16. International Training Centre of the ILO
ILO Convention No. 98
Supplements C87, deals with relations between workers and employers
Objectives: protection 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 (e.g. civil servants in government ministries and comparable bodies, ancillary staff)
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17. International Training Centre of the ILO
C98: Art. 1
Protection against anti-union discrimination:
in taking up employment, the course of and termination
against all prejudicial acts (refusal to hire, dismissal, transfer, demotion, refusal to train, blacklisting)
for membership and/or participation in trade union activities
legal provisions combined with effective and rapid procedures to ensure application in practice, including effective and sufficiently dissuasive sanctions
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18. International Training Centre of the ILO
C98: Art. 2
Protection against interference by each other:
in establishment, functioning or administration
against all acts
independence is a fundamental prerequisite to collective bargaining
express provisions for rapid appeal procedures, coupled with effective and sufficiently dissuasive sanctions
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19. International Training Centre of the ILO
C98: Art. 4
Promotion of collective bargaining
collective bargaining leading to collective agreements (precedence over individual contracts)
on terms and conditions of work and employment
between workers’ organizations and employers/their organizations
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20. Collective bargaining
Free and voluntary*
Autonomy of the parties
In good faith
recognizing representative organizations
making efforts to reach an agreement
engaging in real and constructive negotiation
avoiding unjustified delays
mutually respecting commitments made and results achieved
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21. International Training Centre of the ILO
Contd.
Interventions by the authorities contrary to the voluntary nature of collective bargaining
Restricting the scope of collective bargaining
Refusal to approve collective agreements at the discretion of the authorities
Annulling or modifying the content of collective agreements
Suspension of collective agreements by decree
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22. Key Publications on FOA
General Survey by the Committee of Experts on the fundamental Conventions (2012)
Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO (2006)
A users’ guide on FOA (2000)
International Training Centre of the ILO

23. On-line Resources on FOA
Electronic library on freedom of association and collective bargaining:
NORMLEX, database of international labour standards:
International Training Centre of the ILO

24. International Training Centre of the ILO
THANK YOU FOR YOUR
ATTENTION!
Maura Miraglio
ITC-ILO Standards and Fundamental
Principles and Rights at Work Programme
International Training Centre of the ILO