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Main points of the ILO Conventions on Freedom of Association and Collective Bargaining

Main points of the ILO Conventions on Freedom of Association and Collective Bargaining. ILO Convention 87 (1948): Freedom of Association and Protection of the Right to Organize . The main points include:

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Main points of the ILO Conventions on Freedom of Association and Collective Bargaining

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  1. Main points of the ILO Conventions on Freedom of Association and Collective Bargaining

  2. ILO Convention 87 (1948): Freedom of Association and Protection of the Right to Organize The main points include: • The right of employers and workers, without distinction whatsoever, to establish and join organizations • The right to establish organizations without previous authorization • The right of workers and employers to establish and join organizations of their own choice • The right of workers and employers to draw up their constitutions and rules, to elect their representatives in freedom and to organize their administration and activities

  3. ILO Convention 87 (1948): Freedom of Association and Protection of the Right to Organize • Recognition and protection of the right to strike (interpreted from the Convention in the jurisprudence of the ILO supervisory bodies) • The right of organizations to establish federations and confederations and to affiliate with international organizations • Protection from dissolution or suspension by the state authority

  4. ILO Convention 98 (1949): Right to Organize and Bargain Collectively The main points include: • Protection against acts of anti-union discrimination • Protection against acts of interference • Promotion of collective bargaining

  5. Trade Union Rights Violations in Asia Pacific Region

  6. ILO Convention 87 Freedom of association – obligation of the State to protect the rights of workers • Physical violence (intimidation, kidnapping, assassination of trade unionists) • Discrimination and harassment against trade union officials, eg. transfer/dismissal/loss of conditions/violence • Dismissal of trade unionists • Arrest of union leaders for participating in strike • Government interference in trade union affairs (imposing government-friendly officers, influencing elections, suppressing financial basis for trade union work like check-off)

  7. ILO Convention 87 Freedom of association – obligation of the State to protect the rights of workers • Unilateral cuts in pension benefits without negotiations • Non-compliance with bonus and leave payments • Adoption of labour law amendments contrary to freedom of association • No recognition of government employees’ union • No recognition of the right to strike • Attempts by the education authorities to discourage teachers to join an education union • Restrictive/repressive trade union laws • Government refusal to register newly established organizations

  8. ILO Convention 98 Collective bargaining between employers and trade unions • Non-respect of existing legislation concerning collective bargaining • Non-compliance with collective agreement

  9. ILO Convention 151 (public sector unionism) • Non or partial implementation of collective bargaining rights for public sector employees • Coercion of civil servants not to join trade unions • Public servants have no right to bargain collectively and conclude agreements • Civil service conduct rules are restrictive and include harsh disciplinary procedures

  10. EI’s Programmes and Strategies on Protection and Promotion of Workers’ Rights in Asia

  11. 1) Public Pressure • Write letter/urgent appeal stating demands to government authorities • Inform other members, leaders, and civil society organizations, and the media of the violation • Inform government and non-governmental human rights organizations • Issue written appeals for support, and call for letters of protest, through e-mail networks • Organize demonstrations or other mobilizations, to distribute information about the violation • Publicize the issue through radio news broadcasts, open forums and other events

  12. 2) Legal Proceedings • File a suit in the labour courts • Take the case to appeal in the higher courts if necessary • Submit a complaint to the ILO Committee on Freedom of Association

  13. 3) Policy & Structural Initiatives • Policy resolutions at World Congress, Regional Conference, National and Workplace decision-making bodies (13 out of 29 resolutions in the last EI World Congress in 2004) • Establishment of HTUR committees • HTUR issues as integral part of union seminars/workshops • Provision of special budget for HTUR

  14. 4) Establishment of Human and Trade Union Rights Network

  15. Strategies when a Complaint is Submitted to the ILO Committee on Freedom of Association • Publicize the fact that a case has been submitted to the CFA • Publicize the fact that the government has not replied to the requests for information from the CFA, if that is the case • Publicize the recommendations of the CFA and request the government to implement them • Report back to the CFA on any actions, or lack of action on the part of the government in relation to the recommendations

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