Compilation of decisions of the Committee on Freedom of Association

Collective bargaining15

Subjects covered by collective bargaining

1. It is for the parties concerned to decide on the subjects for negotiation.

1. Measures taken unilaterally by the authorities to restrict the scope of negotiable issues are often incompatible with Convention No. 98; tripartite discussions for the preparation, on a voluntary basis, of guidelines for collective bargaining are a particularly appropriate method of resolving these difficulties.

1. Matters which might be subject to collective bargaining include the type of agreement to be offered to employees or the type of industrial instrument to be negotiated in the future, as well as wages, benefits and allowances, working time, annual leave, selection criteria in case of redundancy, the coverage of the collective agreement, the granting of trade union facilities, including access to the workplace beyond what is provided for in legislation etc.; these matters should not be excluded from the scope of collective bargaining by law, or as in this case, by financial disincentives and considerable penalties applicable in case of non- implementation of the Code and Guidelines.

1. It is not for the Committee to express an opinion on the amount of remuneration paid, or on the justification for granting or not granting various benefits and special payments. This matter relates to negotiation between the parties concerned.

1. Legislation excluding working time from the scope of collective bargaining, unless there is government authorization, would seem to infringe the right of workers organizations to negotiate freely their working conditions with employers, as guaranteed under Article 4 of Convention No. 98.

1. As regards the legislative ban on including secondary boycott clauses in collective agreements, the Committee has considered that restrictions on such clauses should not be included in the legislation.

1. It should be possible for collective agreements to provide for a system for the collection of union dues, without interference by the authorities.

1. The issue of the payment of wages by the employer to full-time union officials should be up to the parties to determine and the Government should authorize negotiation on the issue of whether trade union activity by full-time union officials should be treated as unpaid leave.

1. Where job distribution is subject to legal restrictions, the Committee has drawn attention to the fact that such provisions may tend to prevent the negotiation by collective agreement of better terms and conditions, mainly concerning access to particular employment, and thereby to infringe the rights of the workers concerned to bargain collectively and to improve their working conditions.

1. Legislation amending collective agreements which have already been in force for some time, and which prohibits collective agreements concerning the manning of ships from being concluded in the future, is contrary to the principle of free bargaining provided for in Convention No. 98.

1. Legislation establishing that the ministry of labour has powers to regulate wages, working hours, leave and conditions of work, that these regulations must be observed in collective agreements, and that such important aspects of conditions of work are thus excluded from the field of collective bargaining, is not in harmony with Article 4 of Convention No. 98.

1. With regard to allegations concerning the refusal to bargain collectively on certain matters in the public sector, the Committee has recalled the view of the Fact-Finding and Conciliation Commission on Freedom of Association that there are certain matters which clearly appertain primarily or essentially to the management and operation of government business; these can reasonably be regarded as outside the scope of negotiation. It is equally clear that certain other matters are primarily or essentially questions relating to conditions of employment and that such matters should not be regarded as falling outside the scope of collective bargaining conducted in an atmosphere of mutual good faith and trust.

1. While staffing levels or the departments to be affected as a result of financial difficulties may be considered to be matters which appertain primarily or essentially to the management and operation of government business and therefore reasonably regarded as outside the scope of negotiation, the larger spectrum of job security in general includes questions which relate primarily or essentially to conditions of employment, such as pre-dismissal rights, indemnities, etc., which should not be excluded from the scope of collective bargaining.

1. The determination of the broad lines of educational policy is not a matter for collective bargaining between the competent authorities and teachers organizations, although it may be normal to consult these organizations on such matters.

1. As regards the education sector, a distinction may be made between matters that essentially concern the determination of the broad lines of educational policy, which may be excluded from collective bargaining, and matters relating to conditions of employment, which should be subject to collective bargaining.

1. Free collective bargaining should be allowed on the consequences for conditions of employment of decisions on educational policy.

1. The bargaining partners are best equipped to weigh the justification and determine the modalities of negotiated retirement clauses.

1. The bargaining partners are best equipped to weigh the justification and determine the modalities (and, as far as employers are concerned, the financial practicability) of negotiated compulsory retirement clauses before the legal retirement age, be it by reason of the difficult nature of the job, or for health and safety reasons.

1. The Committee recognizes the right of States to regulate pension schemes but it is necessary that States should respect the principle of collective bargaining in so doing.

1. A general pension system does not necessarily preclude collective bargaining. Indeed, although the general system establishes a compulsory minimum guaranteed platform for the population as a whole, there is nothing to prevent a supplementary scheme being established by collective bargaining in addition to the general system. It is necessary to draw a distinction between private companies and the public sector. In the case of the former, the employer may negotiate a possible award of a supplementary pension with the trade union, taking into account its economic possibilities and prospects.

1. The parties involved in collective bargaining should be able to improve the legal provisions on retirement and pension schemes by mutual agreement.

1. Supplementary pension schemes can legitimately be considered as benefits that may be the subject of collective bargaining.

1. Under ILO standards, the fixing of minimum wages may be subject to decisions by tripartite bodies.

1. The Committee recalls that it has consistently taken the view that it is up to the legislative authority to determine the legal minimum standards for conditions of work or employment which, in its opinion, does not restrict or impede the promotion of bipartite bargaining to fix conditions of work, as foreseen in Article 4 of Convention No. 98.