Compilation of decisions of the Committee on Freedom of Association

Right of workers and employers to establish and join organizations of their own choosing5

Freedom of choice of the organizations structure

1. The free exercise of the right to establish and join unions implies the free determination of the structure and composition of unions.

1. Questions of trade union structure and organization are matters for the workers themselves.

1. Workers should be free to decide whether they prefer to establish, at the primary level, a works union or another form of basic organization, such as an industrial or craft union.

1. The right of workers to establish organizations of their own choosing includes the right to form organizations at the enterprise level in addition to the higher level organization to which they already belong.

1. Under Article 2 of Convention No. 87, workers have the right to establish organizations of their own choosing, including organizations grouping together workers from different workplaces and different cities.

1. A provision which prohibits the establishment of trade unions on an occupational or workplace basis is contrary to the principles of freedom of association as laid down in the relevant Conventions, according to which workers without distinction whatsoever shall have the right to establish and join organizations of their own choosing without previous authorization.

1. Workers who provide their services to companies in a certain sector should be entitled to become members of a national trade union in that sector if they so wish. Indeed, given that they conduct their activities in the sector, they may wish to join a trade union that represents the interests of workers in that sector at the national level.

1. In a case where a government appeared to imply that, because negotiation under the local public service law was to be at the regional level, this meant that the negotiating organization must also be one existing only at the regional level, the Committee considered that such a restriction may constitute a limitation of the right of workers to establish and join organizations of their own choosing and to elect their representatives in full freedom.

1. With regard to restrictions limiting all public servants to membership of unions confined to that category of workers, it is admissible for first-level organizations of public servants to be limited to that category of workers on condition that their organizations are not also restricted to employees of any particular ministry, department or service, and that the first-level organizations may freely join the federations and confederations of their own choosing.

1. Limiting first-level trade unions to specific administrative departments- like local authorities- enables the Government to interfere with the activities of a trade union and put into question its very existence and financial viability simply by changing the administrative departments within which public employees operate, thereby leading to an automatic termination of the unions membership and check-off facility. The legislation also means that the duties of trade union officers would be terminated where changes occurred in branch classifications. Such acts constitute not only a violation of the right of public employees to join the trade union of their own choice, but also serious interference in trade union activities, in violation of Articles 2 and 3 of Convention No. 87.

1. It should be possible for a trade union organization in the education sector to group together workers from both public and private schools, on the understanding that each group should conduct separate negotiations, being subject to a separate budget and separate regulations.