1. Freedom of Association: ILO principles and standards Turin, 19/03/2013
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2. International Training Centre of the ILO
General questions
Why FOA is so important in the world of work?
Why FOA is particularly important for the ILO?
What ere the main ILO instruments on FOA?
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3. 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
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4. FOA and other human rights
ILC Resolution on Trade Union Rights and Civil Liberties, 1970
The right to freedom and security of person and freedom from arbitrary arrest and detention
Freedom of opinion and expression
Freedom of assembly
Protection of trade union premises and property
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5. Fundamental Conventions on FOA
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
Total: 152 ratifications
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Total: 163 ratifications
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6. 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
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7. International Training Centre of the 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)
Question: What are the main ideas of
Convention No. 87?
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8. International Training Centre of the ILO
C87: Art. 2
Workers and employers have the righ to establish
And join organizations…
of their own choosing (trade union pluralism)
without distinction on those entitled to the right (public servants, rural workers, home workers, EPZ workers, seafarers, young workers, teachers, managers, foreigners)
without previous authorization (registration, minimum membership)
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9. International Training Centre of the ILO
C87: Art. 3
Organizations have the right to decide on internal
matters…
draw up constitutions and rules (only formal requirements, no prior approval)
elect representatives in full freedom (results not subject to approval, eligibility requirements not excessively restrictive)
organize administration (autonomy, financial independence, protection of assets and property)
organize activities and formulate programmes (hold meetings, access to the workplace, political activities, the right to strike)
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10. International Training Centre of the ILO
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
Question: What is the legal basis for the right
to strike?
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11. International Training Centre of the ILO
Cont’d
Not absolute right, restrictions possible in case of:
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
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12. Essential services in the strict sense
Hospitals
Electricity services
Water supply services
Telephone service
Air traffic control
Compensatory guarantees (arbitration)
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13. 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
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14. International Training Centre of the ILO
C87: Arts. 4-6
Organizations are protected against administrative dissolution or suspension by the State
Organizations have the right to establish and join federations and to affiliate with international organizations
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15. International Training Centre of the ILO
ILO 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
Question: What are the main ideas of
Convention No. 98?
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16. International Training Centre of the ILO
C98: Art. 1
Workers to be protected against anti-union
discrimination
In taking up employment, the course of and termination
All prejudicial acts (e.g. 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)
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17. International Training Centre of the ILO
C98: Art. 2
Organizations to be protected against
interference
In establishment, functioning or administration
All acts
Independence is a fundamental prerequisite to collective bargaining
Rapid appeal procedures, coupled with effective and dissuasive sanctions provided in legislation
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18. International Training Centre of the ILO
C98: Art. 4
Collective bargaining to be promoted
Nature: negotiations leading to collective agreements (precedence over individual contracts)
Scope: terms and conditions of work and employment
Parties: workers’ organizations, employers or their organizations
Free, voluntary and in good faith
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19. 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
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20. ILO core documents on FOA
General Survey by the Committee of Experts (2012)
Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO (2006)
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21. International Training Centre of the ILO
THANK YOU FOR YOUR
ATTENTION!
Maura Miraglio
Programme Officer
ITC-ILO International Labour Standards, Rights at Work
and gender Equality Programme
International Training Centre of the ILO