Compilation of decisions of the Committee on Freedom of Association

Protection against discrimination13

Forms of discrimination

Discrimination during employment

1. The non-renewal of a contract for anti-union reasons constitutes a prejudicial act within the meaning of Article 1 of Convention No. 98.

1. In certain circumstances, the renewal of fixed-term contracts for several years may affect the exercise of trade union rights.

1. In certain circumstances, the employment of workers through repeated renewals of fixed-term contracts for several years can be an obstacle to the exercise of trade union rights.

1. Fixed-term contracts should not be used deliberately for anti-union purposes.

1. The Committee invited a government to examine with the most representative workers and employers organizations, a way of ensuring that the systematic use of short-term temporary contracts in the non-traditional export sector did not become in practice an obstacle to the exercise of trade union rights.

1. Acts of harassment and intimidation carried out against workers by reason of trade union membership or legitimate trade union activities, while not necessarily prejudicing workers in their employment, may discourage them from joining organizations of their own choosing, thereby violating their right to organize.

1. Granting bonuses to non-union member staff even if it is not to all non-union workers and excluding all workers who are union members from such bonuses during a period of collective conflict, constitutes an act of anti-union discrimination contrary to Convention No. 98.

1. Direct threat and intimidation of members of a workers organization and forcing them into committing themselves to sever their ties with the organization under the threat of termination constitutes a denial of these workers freedom of association rights.

1. The governments obligations under Convention No. 98 and the principles on protection against anti-union discrimination cover not only acts of direct discrimination (such as demotion, dismissal, frequent transfer, and so on), but extend to the need to protect unionized employees from more subtle attacks which may be the outcome of omissions. In this respect, proprietorial changes should not remove the right to collective bargaining from employees, or directly or indirectly threaten unionized workers and their organizations.

1. The Committee has drawn attention to the fact that initiating administrative proceedings against union officials without sufficient grounds might have an intimidating effect on union officials.

1. Transfers of employees for reasons unconnected with their trade union affiliation or activities are not covered by Article 1 of Convention No. 98.