Compilation of decisions of the Committee on Freedom of Association

Right of workers and employers, without distinction whatsoever, to establish and to join organizations3

Distinctions based on occupational category

Public servants

1. The total exclusion from the legislation of high-ranking public servants is a violation of their fundamental right to organize. Therefore, it is necessary to ensure that such public servants obtain the right to form their own associations to defend their interests and that this category of staff is not defined so broadly as to weaken the organizations of other public employees.

1. As concerns persons exercising senior managerial or policy-making responsibilities, the Committee is of the opinion that while these public servants may be barred from joining trade unions which represent other workers, such restrictions should be strictly limited to this category of workers and they should be entitled to establish their own organizations to defend their interests.

1. The exclusion found in Convention No. 151 with regard to policy decision-makers or high-ranking public officials relates to the issue of collective bargaining and not to the right to organize which should be guaranteed to all public officials without distinction.