Compilation of decisions of the Committee on Freedom of Association

Protection against discrimination13

General principles

1. Anti-union discrimination is one of the most serious violations of freedom of association, as it may jeopardize the very existence of trade unions.

1. Acts calculated to make the employment of a worker subject to the condition that he or she not join a union or shall relinquish their trade union membership constitute a violation of Article 1 of Convention No. 98.

1. No person shall be prejudiced in employment by reason of trade union membership or legitimate trade union activities, whether past or present.

1. No person should be dismissed or prejudiced in employment by reason of trade union membership or legitimate trade union activities, and it is important to forbid and penalize in practice all acts of anti-union discrimination in respect of employment.

1. No one should be subjected to discrimination or prejudice with regard to employment because of legitimate trade union activities or membership, and the persons responsible for such acts should be punished.

1. No person should be prejudiced in employment by reason of legitimate trade union activities and cases of anti-union discrimination should be dealt with promptly and effectively by the competent institutions.

1. Since inadequate safeguards against acts of anti-union discrimination, in particular against dismissals, may lead to the actual disappearance of trade unions composed only of workers in an undertaking, additional measures should be taken to ensure fuller protection for leaders of all organizations, and delegates and members of trade unions, against any discriminatory acts.

1. The Committee considers that it is not its role to determine in federal States which are the internal standards regulating protection against anti-union discrimination and, in particular, whether the standards of general application or those of the province in question should be applicable. Nevertheless, irrespective of the procedural or substantive laws applying to public officials or employees in provinces of a federal State, the Committee is bound to examine whether the actual alleged anti-union discrimination measures are or are not in accordance with the provisions of ratified ILO Conventions and the principles of freedom of association.