Compilation of decisions of the Committee on Freedom of Association

Right of workers and employers to establish organizations without previous authorization4

Requirements for the establishment of organizations

1. The formalities prescribed by law for the establishment of a trade union should not be applied in such a manner as to delay or prevent the establishment of trade union organizations. Any delay caused by authorities in registering a trade union constitutes an infringement of Article 2 of Convention No. 87.

1. If the body responsible for granting legal recognition of organizations considers that there are irregularities in the documentation submitted, an opportunity should be provided to those organizations so that the irregularities may be rectified.

1. National legislation providing that an organization must deposit its rules is compatible with Article 2 of Convention No. 87 if it is merely a formality to ensure that those rules are made public. However, problems may arise when the competent authorities are obliged by law to request the founders of organizations to incorporate in their constitution certain provisions which are not in accord with the principles of freedom of association.

1. Obliging trade union organizations to meet the costs of publishing their statutes in the Official Journal when this involves large amounts of money seriously impedes the free exercise of the right of the workers to establish organizations without previous authorization, thus violating Article 2 of Convention No. 87.

1. Employers occupational associations should not be restricted by excessively detailed provisions which discourage their establishment, contrary to Article 2 of Convention No. 87, which provides that employers, as well as workers, shall have the right to establish organizations of their own choosing without previous authorization.

1. The requirement that a trade union shall have a registered office is a normal requirement in a large number of countries.

1. Although the requirement for simple formalities for the formation of trade union organizations is compatible with Convention No. 87, it is contrary to Convention No. 87 to demand information from the founders of an organization such as their telephone number, marital status or home address (this indirectly excludes from membership workers with no fixed abode or those who cannot afford to pay for a telephone).

1. The list of members of a trade union given for registration purposes should be kept confidential in order to prevent acts of trade union discrimination.