Compilation of decisions of the Committee on Freedom of Association

Protection against acts of interference14

General principles

1. Article 2 of Convention No. 98 provides that workers and employers organizations shall enjoy adequate protection against acts of interference in their establishment, functioning or administration.

1. Article 2 of Convention No. 98 establishes the total independence of workers organizations from employers in exercising their activities.

1. Workers shall have the right to join organizations of their own choosing without any interference from the employer.

1. The Committee recalled the fundamental principle of workers being able to join organizations of their own choosing and of the enterprise not interfering in favour of a trade union.

1. The employers consent to the establishment of the union should not be required as a condition for registration. Indeed, the Committee considers that such a requirement would constitute a clear violation of the principles of freedom of association.

1. Respect for the principles of freedom of association requires that employers exercise great restraint in relation to intervention in the internal affairs of trade unions.

1. Respect for the principles of freedom of association requires that the public authorities exercise great restraint in relation to intervention in the internal affairs of trade unions. It is even more important that employers exercise restraint in this regard. They should not, for example, do anything which might seem to favour one group within a union at the expense of another.