Freedom of Association: ILO principles and standards Maura Miraglio www.itcilo.org International Training Centre of the ILO 1
General questions 1. Why FOA is so important in the world of work? 2. Why FOA is particularly important for the ILO? 3. What ere the main ILO instruments on FOA? www.itcilo.org International Training Centre of the ILO 2
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 www.itcilo.org International Training Centre of the ILO 3
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 www.itcilo.org International Training Centre of the ILO 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 Point for reflection on the ratification rate: What does it mean in practice? www.itcilo.org International Training Centre of the ILO 5
Other 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 www.itcilo.org International Training Centre of the ILO 6
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 rights/guarantees that C87 sets? www.itcilo.org International Training Centre of the ILO 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, foreigners) to establish and join organizations of their own choosing (trade union pluralism) without previous authorization (registration, minimum membership) www.itcilo.org International Training Centre of the ILO 8
C87: Art. 3 Rights of workers and employers organizations to: draw up their 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 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) www.itcilo.org International Training Centre of the ILO 9
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? www.itcilo.org International Training Centre of the ILO 10
Contd. 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 www.itcilo.org International Training Centre of the ILO 11
Essential services in the strict sense Hospitals Electricity services Water supply services Telephone service Air traffic control Compensatory guarantees (arbitration) www.itcilo.org International Training Centre of the ILO 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 www.itcilo.org International Training Centre of the ILO 13
C87: Arts. 4-6 Right to form federations and confederations Right to affiliate with international organizations No dissolution or suspension by administrative measures www.itcilo.org International Training Centre of the ILO 14
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 rights/guarantees that C98 sets? www.itcilo.org International Training Centre of the ILO 15
C98: Art. 1 Protection 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) www.itcilo.org International Training Centre of the ILO 16
C98: Art. 2 Protection against interference by each other 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 www.itcilo.org International Training Centre of the ILO 17
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 www.itcilo.org International Training Centre of the ILO 18
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 www.itcilo.org International Training Centre of the ILO 19
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 www.itcilo.org International Training Centre of the ILO 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) www.itcilo.org International Training Centre of the ILO 21
THANK YOU FOR YOUR ATTENTION! Maura Miraglio Programme Officer ITC-ILO International Labour Standards, Rights at Work and gender Equality Programme m.miraglio@itcilo.org www.itcilo.org International Training Centre of the ILO 22