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Trade Union Freedom Guide

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Trade Union Freedom Guide Trade Union Freedom Guide Analysis, practices and solutions Index 2 Introduction Solutions: 4 Framework of laws and regulations 13 Complaint mechanisms 7 Analysis of issues 14 The role of governments 9 Worst practices 15 The role of customers, suppliers 11 Good practices and parent companies Introduction The right to organise in trade A fundamental right unions is a fundamental labour Yet, the right to organise in and human right. Unfortunate- trade unions is a fundamen- ly, in many countries, workers tal labour and human right. attempt many barriers to orga- This is usually referred to as: nizing. The right to free association in trade unions. Additionally, every It is not difficult to establish a individual has the right to collec- trade union in the Netherlands. tive bargaining over employment subsequently are laid down in The Dutch constitution recogniz- conditions. These rights are laid collective labour agreements. es the right to association and down in national and internation- Such working conditions may assembly since 1848. It is Article al legislation and regulations. refer to salary, remuneration, 9 of the current constitution. Such as the International Labour working hours and rest peri- In addition, in the Netherlands Organization (ILO) conventions, or ods. Usually, individuals are not there are no rules that hinder the OECD Guidelines for Multinational able to reach such agreements, establishment of a trade union, or Enterprises. where trade unions are suc- the execution of trade union activ- cessful. ities. Unfortunately, in many other Engaging in a meaningful In addition, trade unions can ne- countries it is much harder to es- dialogue gotiate with (representatives of) tablish a trade union or perform Why is trade union freedom so employers, about working con- union-related activities. Estab- important? First, it is crucial for ditions and workers’ rights and lishing independent trade unions, engaging in a meaningful dia- obligations in general. Trade for example, in such countries is logue on factory, sectoral, and unions also defend the interests not allowed, or the initiators are even national level. On behalf of their members in cases of unable to register themselves. of their members, trade unions dismissal and reorganisation, There are a great many reasons negotiate with employers or their and they can give their mem- for this, from political to cultural, representatives on collective bers legal support and advice. and everything in between. employment conditions, which Furthermore, trade unions | 2 | promote the current social values example labour productivity: this (salary, working hours) employ- regarding people and labour. is higher for employees with a ees have to fulfil their duties. Trade unions can monitor com- positive mind-set than for em- Employees are forced to work pliance with labour rights, and ployees who feel they are not tak- extremely long hours, in danger- report and prevent violations of en seriously, and therefore work ous or unhealthy circumstances, these rights. In doing so, trade less hard. And it is always good for a salary that is hardly enough unions safeguard the interests of for an employer to know what to support themselves and their employees. happens on the shop floor. Here families. And how about children too, dialogue with trade unions that can’t go to school because Trade union rights import- can have a positive effect. they have to work? You can even ant for employers too look at the consequences for But trade unions are relevant for Without trade union rights the entire country. If children employers as well. The right to However, many countries do not don’t get the opportunity to go to association increases employee enjoy trade union freedom. In school, they will not be able to involvement. This allows employ- practice, employees are left to get good jobs later. While labour ers to build long-lasting relation- their own devices. This is because still is a very important economic ships with employees, with many employers are powerful, and can motor. positive consequences. Take for decide under which conditions | 3 | Framework of laws and regulations As said earlier, trade union rights have been laid down in a variety ILO conventions 87 and 98 of (national) laws and internation- The ILO states that “Freedom of association is al treaties. The most important of a universally recognized and protected human which are the Universal Declara- right and a core ILO value enshrined in its tion of Human Rights (UDHR)1, ILO Constitution since 1919.”2 conventions and standards, and Eight ILO conventions are regarded as the basic conventions OECD Guidelines for Multinational relating to employee rights. The country where someone Enterprises. All UDHR rights are works or resides is irrelevant. Two of these conventions equal and inalienable rights of all relate to trade union freedom and trade union activities: members of the human family. This - Convention 87: Freedom of Association, 1950 means that these rights apply to all - Convention 98: The right to freedom of association and people. collective bargaining, 1949. The literal words of these ILO conventions are: “Freedom of Universal Declaration of association guarantees the ability of workers and employers Human Rights (UDHR) to defend not only their economic interests but also civil lib- Article 23 of the UDHR states that: erties such as the right to life, security, personal and collec- • Everyone has the right to work, tive freedom. It guarantees protection against discrimination to free choice of employment, and harassment. As an integral part of democracy and de- to just and favourable condi- velopment, freedom of association is also crucial to realizing tions of work and to protection the other fundamental principles and rights at work.” against unemployment. There is also ILO convention 135. This convention is there • Everyone, without any discrim- to protect employee representatives in companies. So, ination, has the right to equal members and representatives of trade unions are protected pay for equal work. by this convention against unfavourable actions, such as • Everyone who works has the dismissal. Convention 135 also stipulates that they be given right to just and favourable facilities for them to perform their activities well. remuneration ensuring for him- self and his family an existence In practice these ILO conventions are there to prevent em- worthy of human dignity, and ployers from pressuring employees that are members of a supplemented, if necessary, by trade union, or want to be members. An employer can also other means of social protec- not pressure an employee into ending their membership. tion. And trade union activities may not affect the employee’s ca- • Everyone has the right to form reer in a negative way. Therefore, it is illegal to fire anyone and to join trade unions for the for being a trade union member or performing trade union protection of his interests. activities. 1 The United Nations, “Universal Declaration of Human Rights”, December 1948: http://www.un.org/en/universal-declarationhuman-rights/ 2 http://www.itcilo.org/en/the-centre/areas-of-expertise/rights-at-work/freedom-of-association | 4 | OECD Guidelines for Multinational Enterprises(MEs) The OECD Guidelines for MEs describe what OECD countries expect of multinational enterprises in the area of corporate social responsibility. This includes the topics of labour rights, human rights and the environ- ment, and also applies to the production chains of these companies. These guidelines refer repeatedly to the freedom of association3: 1. ME employees have the freedom to join a trade union or worker association, and can also establish one. 2. ME employees have the freedom to be represented by trade unions/employees’ representatives of their own choosing for collective bargaining. 3. MEs have to provide the required facilities for realising effective collective agreements to employees’ representatives. 4. MEs have to provide all required information for engaging in meaningful negotiations on working condi- tions to employees’ representatives. 5. Employees and ME representatives must possess all relevant information required for forming a true and correct view of the activities and performance of an enterprise. 6. MEs must promote the dialogue and cooperation between employers, employees and their representa- tives on matters of common interest. 7. MEs must, as much as possible, hire local staff and provide education to improve their skills and exper- tise. This can take place in cooperation with employee representatives and/or the (local) authorities. 8. If an ME plans to modify its business operations, employees, their representatives, and if applicable, the (local) authorities must be informed about this in a timely manner. This applies, for example, to shut- down of a business unit and collective redundancies. MEs are also required to mitigate the negative ef- fects of such changes for as much as possible. Therefore, the ME must reach agreements with employee representatives and if applicable, authorities. 9. MEs may not take unreasonable measures that would deprive employees of the right of association or to bargain. For example, MEs are not allowed to move a business unit to another country for this reason, or to transfer employees from another country to the ME. 10. Employee representatives must be enabled to bargain on collective agreements or other matters re- lating to employee-employer relationships. There must also be room for dialogue with representatives officially appointed by the employer. 3 Source: Document of the Ministry of Foreign Affairs of the Netherlands https://www.oecdguidelines.nl/oecd-guidelines/e/employment--in- dustrial-relations | 5 | Other conventions and covenants - ECHR4: In Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the Council of Europe states that each European has the right to freedom of peaceful assembly and to freedom of association. This includes the rights to establish trade unions with others, and to join trade unions.
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