Freedom of association and collective bargaining Maura Miraglio, 7 July 2016 www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Outline Importance of freedom of association List of ILS on freedom of association and collective bargaining List of ILO key resources on freedom of association and collective bargaining Content of ILS on freedom of association Content of ILS on collective bargaining Bargaining “in good faith” www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Importance of FOA A basic human right universally recognized and protected A fundamental value for the ILO 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 www.itcilo.org International Training Centre of the ILO

Importance of FOA (Cont’d) An enabling right, crucial to realizing the other FPRW and ILS An integral part of democratic systems Strictly linked with respect for civil liberties The right to freedom and security of persons 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 www.itcilo.org International Training Centre of the ILO

Fundamental ILS on FACB C87 Freedom of Association and Protection of the Right to Organise, 1948 153 ratifications (Last ratification: Somalia) Objective: autonomy and independence of organizations from public authorities, in establishment, functioning and dissolution C98 Right to Organise and Collective Bargaining, 1949 164 ratifications (Last ratification: Somalia) Completes C87, dealing with relations between workers and employers Objectives: protection against anti-union discrimination and interference; promotion of collective bargaining www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Technical ILS on FACB C11 Right of Association (Agriculture), 1921 R91 Collective Agreements, 1952 C135 & R143 Workers’ Representatives, 1971 C141 & R151 Rural Workers’ Organisations, 1975 C151 & R159 Labour Relations (Public Service), 1978 C154 & R163 Collective Bargaining, 1981 www.itcilo.org International Training Centre of the ILO

Other key resources on FACB Committee on Freedom of Association [CFA] Digest of decisions and principles of the ILO Committee on Freedom of Association (2006) CFA cases (www.ilo.org/normlex) Committee of Experts on the Application of Conventions and Recommendations [CEACR] Giving Globalization a Human Face, General Survey (2012) Giving a voice to rural workers, General Survey (2015) Collective bargaining in the public service: a way forward, General Survey (2013) CEACR comments (www.ilo.org/normlex) www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO ILS on FOA The right of all workers and employers to organize for furthering and defending their interests The right of organizations to decide on their internal matters The right of organizations to establish federations and confederations and to affiliate internationally The protection of organizations against dissolution or suspension by administrative authorities The protection of workers against acts of anti-union discrimination The protection of organizations against acts of interference www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO The right of workers and employers, without distinction whatsoever, to establish and join organizations Without distinction based, e.g., on occupation, sex, colour, race, religion, nationality or political opinion In private and public sectors Only possible exceptions: armed forces and police, narrowly defined www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO The right of workers and employers to establish and join organizations without previous authorization Formalities to ensure publicity (e.g. registration) acceptable, but not so complex or long to give the authorities in practice discretionary power to refuse the establishment of organizations The right to appeal before courts against refusal www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO The right of workers and employers to establish and join organizations of their own choosing Freedom of choice on structure and composition of organizations Minimum membership acceptable, but should be reasonable Trade union pluralism must always be possible Recognition of “most representative organization” to establish a proper balance between imposed trade union unity and the excessive multiplication of trade unions www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Right of organizations to draw up their constitutions and rules National legislation should only lay down formal requirements No prior approval at the discretion of the public authorities The right to appeal before courts in connection with approval of by-laws www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Right of organizations to elect their representatives in full freedom No interference on holding of elections, conditions of eligibility, re-election or removal of workers’ representatives Elections and results not subject to acceptance or approval by public authorities or a single trade union www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Right of organizations to organize their administration Autonomy and financial independence Protection of assets and property Right of organizations to organize their activities and formulate their programmes E.g. right to hold meetings, right of trade union officers to access to the workplace and communicate with management, the right to organize certain political activities, and the right to strike www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO The right of organizations to establish federations and confederations and to affiliate internationally Federations and confederations should enjoy same rights of first-level organizations The protection of organizations against dissolution or suspension by administrative authorities Most extreme forms of interference, to be accompanied by all the necessary guarantees (normal judicial procedure, with effect of a stay of execution) www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO The protection of workers against acts of anti-union discrimination = Acts calculated to make the employment of a worker subject to the condition that he/she shall not join a union or shall relinquish trade union membership, or 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 www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO The protection of organizations against acts of interference = Acts designed to promote the establishment of workers' organizations under the domination of employers/their organizations, or to support workers' organizations by financial or other means, with the object of placing them under the control of employers/their organizations www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO ILS on CB A fundamental right A free and voluntary negotiation process through which to reach collective agreements Content: terms and conditions of employment, relations between employers and workers and relations between their organizations Parties: workers’ organizations; employers or their organizations Possible at all levels To be carried out in good faith www.itcilo.org International Training Centre of the ILO

Bargaining “in good faith” Recognize representative organizations Endeavor to reach agreement Engage in real and constructive negotiations Avoid unjustified delays Mutually respect commitments made and results achieved www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO THANK YOU FOR THE ATTENTION! Maura Miraglio ITCILO International Labour Standards, Rights at Work and Gender Equality Programme m.miraglio@itcilo.org www.itcilo.org International Training Centre of the ILO