Freedom of association: ILO principles and standards Maura Miraglio 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 - 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 civil liberties 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

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

ILO core instruments on FOA C87: Freedom of Association and Protection of the Right to Organise, 1948 (150 ratifications) C98: Right to Organise and Collective Bargaining, 1949 (160 ratifications) www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO C87 & C98 Contain 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

Other ILO instruments on FOA C11: Right of Association (Agriculture), 1921 R91: Collective agreements, 1952 C135 & R143: Workers’ Representatives, 1971 C141 & R149: 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

International Training Centre of the ILO ILO Convention No. 87 Objective: free exercise of the right to organize of workers and employers vis-à-vis public authorities Coverage: employers and workers (exception: 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 to establish and join organizations: without any distinction without previous authorization of their own choosing www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO C87: Art. 10 What organizations? Any organization for furhtering and defending the interests of workers or employers 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 constitution and rules elect representatives in full freedom organize their administration and activities formulate their programmes www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO C87: Arts. 4-6 Right to form federations and confederations Right to affiliate with international organizations Federations and confederations enjoy same rights of first level organizations No dissolution or suspension by administrative authorities www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO C87: Art. 8 Obligation to comply with national legislation: workers’ and employers’organizations, like other persons and organizations, shall respect the law of the land the law of the land and its application should not impair the guarantees provided in C87 www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Right to strike Not explicitly mentioned in C87, but derived from Arts. 3 and 10 from the ILO supervisory bodies Fundamental right Essential means available to workers and their organizations to promote and defend their economic and social interests 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, limitations or prohibitions possible: members of armed forces and police public servants exercising authority in the name of the State acute national crisis workers in essential services (in the strict sense) www.itcilo.org International Training Centre of the ILO

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

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 Railway services Airplane pilots Production, transport and distribution of fuel Metro Refuse collection services 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 www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO ILO Convention No. 98 Completes C87, deals with relations between workers and employers Objectives: protection against anti-union discrimination and interference; promotion of collective bargaining 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

International Training Centre of the ILO C98: Art. 1 Protection against anti-union discrimination: all prejudicial acts in taking up employment, the course of and termination for membership and/or participation in trade union activities WHAT: legal provisions; effective and rapid procedures; preventive machinery; burden of proof on the employer; compensation (full); effective and 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: all acts in establishment, functioning or administration independence is a fundamental prerequisite to collective bargaining WHAT: express legislative provisions against interference; rapid appeal procedures; effective and dissuasive sanctions www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO C98: Art. 4 Promotion of collective bargaining Nature: collective bargaining leading to collective agreements (precedence over individual contracts) Scope: terms and conditions of employment Between: workers’ organizations, employers or their organizations www.itcilo.org International Training Centre of the ILO

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

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

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