International Training Centre of the ILO Freedom of association: ILO principles and standards Turin, 27 June 2012 www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

Other ILO instruments on FOA Right of Association (Agriculture) Convention, 1921 (No. 11) Collective Agreements Recommendation, 1952 (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 www.itcilo.org International Training Centre of the ILO

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) www.itcilo.org International Training Centre of the ILO

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) www.itcilo.org International Training Centre of the ILO

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,) www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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) www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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) www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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) www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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) www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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 www.itcilo.org International Training Centre of the ILO

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) www.itcilo.org International Training Centre of the ILO

On-line Resources on FOA Electronic library on freedom of association and collective bargaining: http://training.itcilo.org/ils/cd_foa/ NORMLEX, database of international labour standards: http://www.ilo.org/dyn/normlex/en/ www.itcilo.org International Training Centre of the ILO

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