Uphold freedom of association and the effective recognition of the right to collective bargaining (UN Global Compact Principle 3
What does freedom of association mean ?
Freedom of association implies a respect for the right of all employers and all
workers to freely and voluntarily establish and join groups for the promotion
and defence of their occupational interests.
Workers and employers have the right to set up, join and run their own
organizations without interference from the State or any another entity.
Employers should not interfere in workers’ decision to associate, try to influence their decision in any way, or discriminate against either those workers
who choose to associate or those who act as their representatives.
What does collective bargaining mean ?
The right of workers to bargain freely with employers is an essential
element in freedom of association. Collective bargaining is a voluntary process
through which employers and workers discuss and negotiate their relations, in
particular terms and conditions of work. Participants include employers themselves or their organizations, and trade unions or, in their absence, representatives freely designated by the workers.
Uphold freedom of association and the effective
recognition of the right to collective bargaining
Collective bargaining can only function effectively if it is conducted freely and in good faith by all parties. This implies:
• Making efforts to reach an agreement;
• Carrying out genuine and constructive negotiations;
• Avoiding unjustified delays;
• Respecting the agreements concluded and applying them in good faith; and
• Giving sufficient time for the parties to discuss and settle collective
disputes.
Bargaining in good faith aims at reaching mutually acceptable collective agreements. Where agreement is not reached, dispute settlement procedures ranging from conciliation through mediation to arbitration may be used. Workers’ representatives should be given appropriate facilities, taking account
of the needs, size, and capabilities of the enterprise involved, that will enable them to do their work effectively and allow them to perform their role without interference. Workers’ representatives should be provided with information required for meaningful negotiations.
The collective bargaining process also covers the phase before actual negotiations – information sharing, consultation, joint assessments – as well as the
implementation of collective agreements. Collective agreements should include provisions for the settlement of disputes.
In order to facilitate negotiations, the use of conciliation and mediation that is voluntary or established by law, may be accepted. On the other hand, arbitration is only legitimate if requested by both parties or required by law.
What is the responsibility of government ?
To realise the principle of freedom of association and the right to collective bargaining in practice requires a legal basis which guarantees that these rights
are enforced. It also requires an enabling institutional framework, which can be tripartite, between the employers’ and workers’ organizations, or combinations of both. Individuals who wish to exercise their right to have their voice heard also must be protected from discrimination. And employers’ and workers’ organizations must accept each other as partners for solving joint problems and dealing with mutual challenges.
Governments have the responsibility for ensuring that the legal and institutional frameworks exist and function properly. They should also help to promote a culture of mutual acceptance and cooperation.
Where governments do not honour their international obligations, efforts should be made to improve legislation and governance. In the absence of legislation that conforms to international labour standards, employers and trade unions should make every effort to respect the principles, at least in countries where honouring them is not specifically prohibited. In countries in which legislation protects rights, but implementation is poor due to inadequate enforcement, employers should, nevertheless, obey the law.
Freedom of association is a principle that has great impact on the development and strengthening of democracy. It is an enabling right on which the existence of real, independent civil society depends. Free trade unions and employer organizations, as major and representative actors in society, open up the space for others to freely engage with governments and to function without interference. Industrial relations constitute an important element of “self-regulation” independent of the State. For all of these reasons and more, freedom of association underpins and supports the other nine UN Global Compact principles.
Why are freedom of association and effective recognition of the right to collective bargaining important ?
In addition to being a right, freedom of association enables workers and employers to join together to protect better not only their own economic interests but also their civil freedoms such as the right to life, to security, to integrity, and to personal and collective freedom. As an integral part of democracy, this principle is crucial in order to realize all other fundamental principles and rights at work.
Collective bargaining is a constructive forum for addressing working conditions and terms of employment and relations between employers and workers, or their respective organizations. It is often more effective and more flexible than state regulation. It can help in anticipating potential problems
and can advance peaceful mechanisms for dealing with them; and in finding solutions that take into account the priorities and needs of both employers and workers. Sound collective bargaining benefits both management and workers, and promotes peace and stability which benefits society more
generally. Collective bargaining can be an important governance institution – it is a means of increasing the consent of the governed by involving them in
the decisions that affect them directly.
How can companies uphold freedom of association and the effective recognition of the right to collective bargaining?
Businesses face many uncertainties in this rapidly changing global market. Establishing genuine dialogue with freely chosen workers’ representatives enables both workers and employers to understand each other’s problems better and find ways to resolve them. Security of representation is a foundation for building trust on both sides. Freedom of association and the exercise of collective bargaining provide opportunities for constructive dialogue and resolution of conflict, and this harnesses energy to focus on solutions that result in benefits to the enterprise and to society at large. The meaning of freedom of association has been defined to a greater extent than any other right by the ILO supervisory machinery. In many, but not all cases, these decisions are useful to employers in order to understand them. The following list outlines some of the relevant principles.
IN THE WORKPLACE
• Respect the right of all workers to form and join a trade union of their choice without fear of intimidation or reprisal, in accordance with
national law.
• Put in place non-discriminatory policies and procedures with respect to trade union organization, union membership and activity in such areas as
applications for employment and decisions on advancement, dismissal or transfer.
• Provide worker representatives with appropriate facilities to assist in the development of an effective collective agreement.
AT THE BARGAINING TABLE
• Recognize representative organizations for the purpose of collective bargaining.
• Provide trade union representatives with access to real decision makers for collective bargaining.
• Provide information needed for meaningful bargaining.
• Address any problem-solving or other needs of interest to workers and management, including restructuring and training, redundancy procedures,
safety and health issues, grievance and dispute settlement procedures, and disciplinary rules.
IN THE COMMUNITY OF OPERATION
• Take into account the role and function of the representative national employers’ organizations.
• Take steps to improve the climate in labour-management relations, especially in those countries without an adequate institutional and legal
framework for recognizing trade unions and for collective bargaining.
• Inform the local community, media and public authorities of company endorsement of the UN Global Compact and the company’s intention to
respect the provisions, including those on fundamental workers’ rights.
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