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Collective Bargaining in the Public Service a Way Forward 102 III (1B) Collective bargaining in the public service: A way forward ILO Collective bargaining in the public service A way forward INTERNATIONAL LABOUR CONFERENCE 102nd SESSION, 2013 ILC.102/III/1B International Labour Conference, 102nd Session, 2013 General Survey concerning labour relations and collective bargaining in the public service Third item on the agenda: Information and reports on the application of Conventions and Recommendations Report of the Committee of Experts on the Application of Conventions and Recommendations (articles 19, 22 and 35 of the Constitution) Report III (Part 1B) International Labour Office Geneva Collective bargaining in the public service: A way forward INTERNATIONAL LABOUR OFFICE GENEVA ISBN 978-92-2-126857-4 (print) ISBN 978-92-2-126858-1 (Web pdf) ISSN 0074-6681 First edition 2013 Cover: Painting of Ka Dal, without title, 73 x 92 cm The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected]. Visit our website: www.ilo.org/publns. Formatted by TTE: Confrep-ILC102(2013)-III(1B)[2013-01-0060-1]-En.docx Printed by the International Labour Office, Geneva, Switzerland Contents Page Foreword .......................................................................................................................... 1 Introduction ...................................................................................................................... 3 Background ...................................................................................................................... 9 Part I. Trade union rights and facilities in the public administration ....................... 13 I. Scope of the Labour Relations (Public Service) Convention, 1978 (No. 151)........................................................................................... 13 II. Civil and political rights accorded to public employees ............................... 19 Introduction ................................................................................................ 19 The scope of the civil and political rights accorded to public employees .... 20 III. Protection against acts of anti-union discrimination and interference ......... 25 Protection against acts of anti-union discrimination ................................... 27 Protection against acts of interference ....................................................... 33 IV. Facilities to be afforded to the representatives of recognized public employees’ organizations .......................................................................... 37 Introduction ................................................................................................ 37 ILO standards ............................................................................................ 37 Concept of representatives of recognized public employees’ organizations ............................................................................................. 38 Functions of workers’ organizations and workers’ representatives ............ 39 Methods of application of the Convention .................................................. 40 Facilities granted to workers’ representatives: reference to Recommendation No. 143 ......................................................................... 41 Nature, number and scope of facilities ....................................................... 42 Collection of trade union dues, time off without loss of wages or social and fringe benefits, prompt access to management and access to the workplace .................................................................................................. 45 Material facilities ........................................................................................ 46 The granting of facilities must not impair the efficient operation of the administration or service concerned .......................................................... 47 Withdrawal of facilities ............................................................................... 48 ILC.102/III/1B v Collective bargaining in the public service: A way forward Facilities afforded to trade union representatives and representativeness .................................................................................... 48 V. Procedures for determining terms and conditions of employment other than collective bargaining .......................................................................... 51 The variety of national consultation systems .............................................. 54 The coexistence of consultation and bargaining procedures ..................... 55 Consultations in bodies composed of neutral or independent persons ...... 57 Consultations in the absence of a specific body ......................................... 59 Consultative bodies of general competence .............................................. 60 Specific public service consultative bodies ................................................ 61 The parties to and the subjects covered by consultation ........................... 68 Representatives of public employees for consultation purposes ...... 68 Subjects covered by consultation ..................................................... 69 Part II. Collective bargaining in the public service ..................................................... 71 I. Advantages of collective bargaining in the public service ........................... 71 II. Developments in public administration ....................................................... 73 III. ILO standards on collective bargaining and their evolution ........................ 75 IV. Special bargaining modalities in the public service .................................... 77 V. Scope of Convention No. 154 and methods of application of Conventions Nos 151 and 154 ................................................................... 81 VI. Concept of collective bargaining, parties to bargaining and nature of collective agreements ................................................................................ 87 VII. Good faith, representativeness and recognition of organizations ............... 95 VIII. Autonomy of the parties to collective bargaining and the principle of non-interference ........................................................................................ 103 IX. Collective bargaining procedures ............................................................... 107 X. Content of collective bargaining and progressive application ..................... 113 XI. Collective bargaining on public employees’ remuneration and the state budget ............................................................................................... 119 XII. Collective bargaining and the economic crisis............................................ 123 XIII. Bargaining level and coordination of levels ................................................ 129 XIV. Examples of collective bargaining systems ................................................ 133 XV. Period of validity of collective agreements ................................................. 151 XVI. Promotion of collective bargaining ............................................................. 153 Prior consultation on the measures to be taken to promote collective bargaining .................................................................................................. 154 Right to information ................................................................................... 160 Training for the parties to collective bargaining and for negotiators ........... 161 vi ILC.102/III/1B Contents XVII. Coverage of collective bargaining in practice ............................................. 163 Part III. Dispute settlement in the public service ......................................................... 165 Part IV. Positive developments and difficulties for ratification .................................. 187 Part V. Observations made by employers’ and workers’ organizations .................. 195 Workers’ organizations .............................................................................. 195 Employers’ organizations ........................................................................... 197 General conclusions and final observations ................................................................ 199 Appendices I. Conventions and Recommendations .................................................................. 213 Labour Relations
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