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Compilation of decisions of the Committee on Freedom of Association

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Collective bargaining15

The principle of free and voluntary negotiation

  1. The voluntary negotiation of collective agreements, and therefore the autonomy of the bargaining partners, is a fundamental aspect of the principles of freedom of association.
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Related CountryReportParagraph
2405Canada340452
2405Canada343335
2408Cabo Verde342271
2425Burundi343257
2434Colombia344789
2447Malta342748
2460United States of America344990
2611Romania356174
2704Canada358357
2983Canada370284
Digest: 2006925
  1. The Committee emphasizes the importance of respecting the autonomy of the parties in the collective bargaining process so that the free and voluntary character thereof, established in Article 4 of Convention No. 98, is ensured.
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2638Peru357793
  1. Collective bargaining, if it is to be effective, must assume a voluntary character and not entail recourse to measures of compulsion which would alter the voluntary nature of such bargaining.
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Related CountryReportParagraph
2408Cabo Verde342271
2437United Kingdom of Great Britain and Northern Ireland3441314
2460United States of America344990
2467Canada344575
2663Georgia356767
2887Mauritius364697
2983Canada370284
Digest: 2006926
  1. Nothing in Article 4 of Convention No. 98 places a duty on the government to enforce collective bargaining by compulsory means with a given organization; such an intervention would clearly alter the nature of bargaining.
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Related CountryReportParagraph
2437United Kingdom of Great Britain and Northern Ireland3441314
2460United States of America344990
2672Tunisia3541146
Digest: 2006927
  1. Article 4 of Convention No. 98 in no way places a duty on the government to enforce collective bargaining, nor would it be contrary to this provision to oblige social partners, within the framework of the encouragement and promotion of the full development and utilization of collective bargaining machinery, to enter into negotiations on terms and conditions of employment. The public authorities should however refrain from any undue interference in the negotiation process.
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Related CountryReportParagraph
2672Tunisia3541146
2905Netherlands3651218
Digest: 2006928
  1. Although nothing in Article 4 of Convention No. 98 places a duty on the government to enforce collective bargaining by compulsory means with a given organization, as such an intervention would clearly alter the voluntary nature of collective bargaining, this does not mean that governments should abstain from any measure whatsoever aiming to establish a collective bargaining mechanism.
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Related CountryReportParagraph
Digest: 2006929
  1. A legislative provision that would oblige a party to conclude a contract with another party would be contrary to the principle of free and voluntary negotiations.
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Related CountryReportParagraph
2460United States of America344990
  1. Legislation which lays down mandatory conciliation and prevents the employer from withdrawing, irrespective of circumstances, at the risk of being penalized by payment of wages in respect of strike days, in addition to being disproportionate, runs counter to the principle of voluntary negotiation enshrined in Convention No. 98.
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Related CountryReportParagraph
Digest: 2006930
  1. The opportunity which employers have, according to the legislation, of presenting proposals for the purposes of collective bargaining provided these proposals are merely to serve as a basis for the voluntary negotiation to which Convention No. 98 refers cannot be considered as a violation of the principles applicable in this matter.
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Related CountryReportParagraph
2448Colombia342408
2493Colombia344860
Digest: 2006931
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