Compilation of decisions of the Committee on Freedom of Association

Collective bargaining15

Collective bargaining in the case of subcontracting

1. It pertains to the Government to ensure, through appropriate measures, that subcontracting is not used as a way to evade the application of the freedom of association guarantees provided for in legislation and to ensure that trade unions representing subcontracted workers may effectively seek to improve the living and working conditions of those whom they represent.

1. Although an employer/main contractor may not be under an obligation to negotiate with a trade union representing workers engaged by subcontractors (or a trade union that has not demonstrated its membership among the main contractors workers), nothing should prevent such an employer from negotiating and concluding a collective agreement on a voluntary basis. Moreover, the trade union concerned should also be able to request negotiations with the employer of its choice, on a voluntary basis, especially in cases where it would be impossible to negotiate with each and every one of the subcontractors. In fact, given the main contractors dominant position in the construction site, and the general absence of collective bargaining at the branch or industry levels, the conclusion of a collective agreement with the main contractor would appear to be a viable option allowing for effective collective bargaining and the conclusion of a collective agreement with sufficiently general scope over the construction site.