Compilation of decisions of the Committee on Freedom of Association

Protection against acts of interference14

Need for effective protection

1. The Committee recalled the importance it attaches to protection being ensured against acts of interference by employers designed to promote the establishment of workers organizations under the domination of an employer.

1. Where legislation does not contain specific provisions for the protection of workers organizations from acts of interference by employers and their organizations (and provides that any case not provided for by the legislation should be decided, inter alia, in accordance with the provisions laid down in the Conventions and Recommendations adopted by the International Labour Organization, in so far as they are not contrary to laws of the country, and in accordance with Convention No. 98, by virtue of its ratification), it would be appropriate for the government to examine the possibility of adopting clear and precise provisions ensuring the adequate protection of workers organizations against these acts of interference.

1. The existence of legislative provisions prohibiting acts of interference on the part of the authorities, or by organizations of workers and employers in each others affairs, is insufficient if they are not accompanied by efficient procedures to ensure their implementation in practice.

1. Legislation must make express provision for appeals and establish sufficiently dissuasive sanctions against acts of interference by employers against workers and workers organizations to ensure the practical application of Articles 1 and 2 of Convention No. 98.

1. In endorsing an observation made by the Committee of Experts on the Application of Conventions and Recommendations concerning a law, the Committee pointed out that it would be extremely difficult for a worker who was dismissed by an employer invoking, for example, neglect of duty, to prove that the real motive for dismissal was to be found in his or her trade union activities. Further, since lodging an appeal in this case did not suspend the decision taken, the dismissed trade union leader had, by virtue of the law, to resign his or her trade union post when dismissed. The Committee considered that the law therefore made it possible for managements of undertakings to hinder the activities of a trade union, which is contrary to Article 2 of Convention No. 98, according to which workers and employers organizations shall enjoy adequate protection against any acts of interference by each other or each others agents or members in their establishment, functioning or administration.