1. Freedom of association: ILO principles and standards Maura Miraglio
International Training Centre of the ILO

2. 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
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3. 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
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4. FOA is also strictly linked to…
Democracy
Other fundamental principles and rights at work
Other ILS
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5. 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)
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6. 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
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7. 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
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8. 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)
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9. 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
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10. International Training Centre of the ILO
C87: Art. 10
What organizations?
Any organization for furhtering and defending the interests of workers or employers
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11. 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
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12. 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
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13. 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
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14. 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
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15. 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)
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16. 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
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17. 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
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18. 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)
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19. 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
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20. 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
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21. 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
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22. 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
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23. 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)
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24. 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
International Training Centre of the ILO