Compilation of decisions of the Committee on Freedom of Association

Right of workers and employers to establish organizations without previous authorization4

Legal formalities for the establishment of organizations

1. In its report to the 1948 International Labour Conference, the Committee on Freedom of Association and Industrial Relations declared that the States would remain free to provide such formalities in their legislation as appeared appropriate to ensure the normal functioning of occupational organizations. Consequently, the formalities prescribed by national regulations concerning the constitution and functioning of workers and employers organizations are compatible with the provisions of that Convention provided, of course, that the provisions in such regulations do not impair the guarantees laid down in Convention No. 87.

1. Although the founders of a trade union should comply with the formalities prescribed by legislation, these formalities should not be of such a nature as to impair the free establishment of organizations.

1. A provision stating that workers will not be allowed to establish workers associations until the expiry of a period of three months following the commencement of commercial production in the concerned unit is contrary to Article 2 of Convention No. 87 and should be amended to ensure that the workers in question may establish workers associations from the beginning of their contractual relationship.

1. The Committee considered that if there is grave suspicion that trade union leaders have committed acts which are punishable by law, they should be subject to normal legal proceedings in order to determine the extent of their liability, and that arrest should not in itself constitute an obstacle to the granting of legal personality to the organization concerned.