1. FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE FREEDOM OF ASSOCIATION PROGRAMME Turin Training Centre Turin Training Centre Trade union training on ILS, ILO Declaration and Freedom of Association Asmara (Erythrea), 26-30 November 2007

2. FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE Right of workers’ and employers’ organizations to formulate their programmes (art. 3, C. 87))  Right of organizations to formulate their programmes include:  Right to hold meetings  Right to have access to the working place by trade union leaders with due respect for the rights of property and management  Right to communicate with management  Right to strike

3. FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE  Most visible form of collective action in the context of a labour dispute The right to strike  Even if not expressly mentioned in ILO Conventions on FOA, the right to strike is fully recognized and protected  Legitimate weapon of workers’ organizations in furtherance of their members’ interests

4. FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE Forms of strike  Any work stoppage, however brief and limited, may generally be considered as a strike  Political strikes do not fall within the scope of FOA. However possible recourse to protest strikes  Sympathy strikes are lawful when the initial strike is lawful  Restrictions on strike pickets and workplace occupations should be limited to cases where the action ceases to be peaceful

5. FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE  The law may subordinate the exercise of the right to strike to certain prerequisites (reasonable criteria)  Prerequisites found to be acceptable:  Prerequisite not acceptable:  Decision by over half of all the workers involved  A quorum requirement of two-thirds  Compulsory arbitration before calling strike (when the result is binding)  Take strike decisions by secret ballot  Give prior notice to the employer before calling a strike  Conciliation, mediation, voluntary arbitration

6. FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE  Compensatory guarantees should be provided for workers deprived of their right to strike  In cases of not essential services but of public utility, possible to establish a system of negotiated minimum service  Certain categories of workers can see their right to strike limited, even prohibited:  civil servants exercising authority in the name of the state  workers in essential services : services the interruption of which would endanger the life, the personal safety or health of the whole or part of the population  acute national crisis (limited period of time) Workers covered

7. FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE Abuse of the right to strike  Sanctions provided in national legislation in case of abuse are acceptable  FOA principles do not protect against abuse  All penalties should be proportionate to the offence or fault committed. No imprisonment for organizing or participating in a peaceful strike

8. FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE  Workers and their organization have an obligation to respect the law of the land Intervention of the police in strike actions  Intervention of security forces in strike situation should be limited strictly to the maintenance of public order and only if there is a serious threat to law and order  Necessary instruction should be given to competent authorities so as to avoid the danger of excessive violence in trying to control demonstrations that might undermine public order * * *