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

2. 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”
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3. 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
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4. 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
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5. 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
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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
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7. 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 (
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 (
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8. 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
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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
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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
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11. 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
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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
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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
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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
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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)
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16. 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
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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
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18. 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
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19. 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
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20. International Training Centre of the ILO
THANK YOU FOR THE
ATTENTION!
Maura Miraglio
ITCILO International Labour Standards, Rights at
Work and Gender Equality Programme
International Training Centre of the ILO