Recapitualization of 21 feb Freedom of Association and Collective Bargaining By Beatriz Vacotto

Complaints before on COFOA Latin America- 44% Europa - 23% Asia-13% Africa- 13% North America-7% The high number in Latin America mainly because of the Utilisation of ILO Mechanism

Freedom of Association Universally recognised Human Right Important to ILO because of Tripartite Mechanism ILO’s Constitution includes FOA

ILO FOA Instruments Freedom of Association and Protection of the Right to organise Convention, 1948(No.87) Right to Organice and Collective Bargaining Convention,1949 (No.98) Conventions No.11,135,141, 151,154 Recommendations No.143, 149, 159,and 91

Conventions 87 and 98 Ratified by 142 and 153 countries respectively Not Ratified by China, India, Brazil and the USA ( Majority of population in the World in these Countries)

Convention 87 Right to establish and join organisation Without distinction whatsoever Without previous authorisation All workers except armed forces and the police are covered

Would be incompatible  Long and complicated Registration procedure  Discretionary power granted to public authority  Excessive minimum membership required for establishment or registration

Structure and composition of the organisations Trade union monopoly ( Eg. Korea and Nepal) and Trade union Pluralism No interfence from Public authorities Determination of the most representative organisations Preferential Rights

Right to Strike Not mentioned in the Conventions on FOA CFA and CEACR have recognised as fundamental right of Workers Exceptions Civil servants exercising authority Workers in essential service( Affecting the life and health of the people or national interest) Acute National Emergency( Time bound)

Regular and Special Supervisory Mechanisms: 1 Regular- Only if Ratified ( To CEACR) 2 Special – On FOA ( Even though not ratified, No time limit) Group Work Send a letter of Comment to the Committee of Experts on FOA( In four groups)

Convention 98 (1949) Protecting workers against anti- union discrimination. Protecting workers and employers organisations against mutual interference Promoting Collective bargaining Except police, armed forces and civil servants of admn. power, all workers are covered

Protection From actions to put condition on joining union From victimisation of union members Covering period From appointment, through employment till termination Of trade union officials Ensures complaints are examined promptly, impartially and inexpensively

Protection Burden of proof on employers Preventive or reparatory mechanisms Reinstatement Appropriate Machinery ( eg. Labour Inspections)

Protection To be independent From fake/Yellow TUs Control through Financial support Rapid appeal procedure Effective and dissuasive sanctions

Collective bargaining Encourage and promote Obligation to promote negotiation in good faith Voluntary and free negotiations Against compulsory arbitration Against approval, cancellation and extension of agreements

Conventions on Public Sector (151, 154,135) Public servants not engaged in non essential services Must have consultation procedures on conditions of work Protection against act prejudicial to them Facilities for prompt funtion Elected representatives

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