Compilation of decisions of the Committee on Freedom of Association

Right of organizations to organize their administration8

Internal administration of organizations

1. In view of the fact that in every democratic trade union movement the congress of members is the supreme trade union authority which determines the regulations governing the administration and activities of trade unions and which establishes their programme, the prohibition of such congresses would seem to constitute an infringement of trade union rights.

1. When legislation is applied in such a manner as to prevent trade union organizations from using the services of experts who are not necessarily elected officers, such as industrial advisers, lawyers or agents able to represent them in judicial or administrative proceedings, there would be serious doubt as to the compatibility of such provisions with Article 3 of Convention No. 87, according to which workers organizations shall have the right, inter alia, to organize their administration and activities.

1. A provision prohibiting a trade union leader from receiving remuneration of any kind is not in conformity with the requirements of Article 3 of Convention No. 87.

1. With regard to legislation which had just been adopted prohibiting the payment of the wages of full-time union officials by employers, the Committee considered that abandoning such a widespread, longstanding practice may lead to financial difficulties for unions and entail the risk of considerably hindering their functioning.

1. Freedom of association implies the right of workers and employers organizations to resolve any disputes by themselves and without interference by the authorities; it is for the government to create an atmosphere conducive to the resolution of such disputes.