1. ITCILO/ACTRAV Course A Trade Union Training on Promoting and Defending the Rights of Domestic Workers (10 to 14 December 2012, Kisumu, Kenya)
Freedom of Association and Collective Bargaining: Principles, Standards and Procedures

2. Freedom of Association is Key
Human Right universally recognized and protected
Core value of the ILO:
- ILO Constitution, 1919
- ILO Declaration of Philadelphia, 1944
- ILO Declaration on Fundamental Principles
and Rights at Work, 1998
- ILO Declaration on Social Justice for a Fair
Globalization, 2008
- Global Jobs Pact, 2009

3. FoA and other Human Rights
ILC Resolution on Trade Union Rights and Civil Liberties, 1970:
- Right to freedom and security of persons and freedom from arbitrary arrest and detention
- Freedom of opinion and expression
- Freedom of assembly
Right to a fair trial before an independent and impartial body
Protection of trade union premises and property

4. Fundamental Conventions on FoA
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) 151 ratifications
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
161 ratifications

5. 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. 149), 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

6. Convention No. 87
Objective: freedom of association without interference from public authorities
Coverage: workers and employers without distinction, except armed forces and police (interpreted narrowly)

7. C87: (Art. 2) Right of workers and employers:
without distinction whatsoever (public servants, rural workers, home workers, EPZ workers, seafarers, young workers, teachers, managers, migrants)
to establish and join organizations of their own choosing (trade union pluralism)
without previous authorization (registration, minimum membership)

8. C87: (Art. 3) Rights of workers’ and employers’ organizations to:
Draw up their constitution and rules (only formal requirements, no prior approval)
Elect representatives in full freedom (results not subject to approval, eligibility requirements not excessively restrictive)
Organize their administration (autonomy, financial independence, protection of assets and property)
Organize their activities and formulate their programmes (hold meetings, access to the workplace, political activities, the right to strike)

9. C87: (Arts. 4-6)
Right to form federations and confederations (Arts. 5 and 6)
Right to affiliate with international organizations (Art. 5)
No dissolution or suspension by administrative authorities (Art. 4)

10. The Right to Strike Fundamental Right
Essential means available to workers for the protection and promotion of their interests
Intrinsic corollary of the right to organize
Not absolute right; restrictions:
- 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 of the term
Mandatory minimum services are acceptable:
- For (agreed) safety purposes
- For ensuring minimum operations of public services in the interest of proportionality between the rights of the (striking) minority and those of the majority.

11. Essential Services in the Strict Sense
Hospitals
Electricity services
Water supply services
Telephone service
Air traffic control
Compensatory guarantees (arbitration)

12. 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
Refrigeration enterprises
Hotel services
Construction
Automobile manufacturing
Aircraft repair
Agricultural activities
The supply and distribution of foodstuffs
The Mint
The government printing service
The state alcohol, salt and tobacco monopolies
The education sector
Postal services

13. Convention No. 98
Completes C87, deals with relations between workers and employers
Objectives: safeguards 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

14. C98: (Art. 1) Protection workers against anti-union discrimination:
In taking up employment, the course of and termination
All acts (refusal to hire, dismissal, transfer, demotion, refusal to train, blacklisting)
For membership and/or participation in trade union activities
Legal provisions combined with enforcement mechanisms (effective, expeditious, inexpensive and impartial)

15. C98: (Art. 2)
Protection workers’ and employers’ organizations against acts of interference by each other:
State must establish machinery for the respect of these two rights
Independence is a fundamental prerequisite to collective bargaining
Rapid appeal procedures, coupled with effective and dissuasive sanctions provided in legislation

16. C98: (Art. 4) Promotion of collective bargaining:
Nature: collective bargaining leading to collective agreements (precedence over individual contracts)
Scope: terms and conditions of work and employment
Parties: workers’ organizations, employers or their organizations

17. Collective Bargaining
Possible at any level
Level at the choice of the parties
Principle of free and voluntary negotiation
Principle of bargaining in good faith

18. Continues…
Promote voluntary CB to regulate terms and conditions of employment by means of CB
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 authorities
Annulling or modifying the content of collective agreements
Suspension of collective agreements

19. ILO Core Documents on FoA
General Survey by the Committee of Experts on the Application of Conventions and Recommendations (CEACR)
Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO (2006)

20. THANK YOU FOR YOUR
ATTENTION!

21. Any Questions?