Compilation of decisions of the Committee on Freedom of Association

Collective bargaining15

Relationship between ILO conventions

1. Convention No. 151, which was intended to complement Convention No. 98, by laying down certain provisions concerning, in particular, protection against anti-union discrimination and the determination of terms and conditions of employment for the public service as a whole, does not in any way contradict or dilute the basic right of association guaranteed to all workers by virtue of Convention No. 87.

1. With regard to the allowed exceptions under Convention No. 151 referred to by the Government, the Committee points out that while Convention No. 151 recognized that certain categories of public servants (including those in highly confidential positions) may be excluded from the more general provisions guaranteeing to public servants protection against acts of anti- union discrimination or ensuring the existence of methods of participation in the determination of their conditions of employment, this exclusion cannot be interpreted as affecting or minimizing in any way the basic right to organize of all workers guaranteed by Convention No. 87.

1. The Committee has drawn attention to the terms of Article 6 of Convention No. 98, which provide that: This Convention does not deal with the position of public servants engaged in the administration of the State, nor shall it be construed as prejudicing their rights or status in any way. Unlike Article 5 of the Convention (dealing with the armed forces and the police), Article 6, in providing that the Convention shall not be construed as in any way prejudicing the rights or the status of public servants, at the same time removed the possible conflict between the Convention and Convention No. 87 and expressly preserved the rights of public servants, including those guaranteed in Convention No. 87. The argument that the effect of the provisions of Convention No. 87 is limited if reference is made to Article 6 of Convention No. 98 conflicts with the express terms of that Article. Likewise, Article 1, paragraph 1, of Convention No. 151 provides that the Convention applies to all persons employed by the public authorities to the extent that more favourable provisions in other international labour Conventions are not applicable to them. If, therefore, Convention No. 98 left intact the rights granted to public servants by Convention No. 87, it follows that Convention No. 151 has not impaired them either.

1. Article 4 of Convention No. 98 offers more favourable provisions than Article 7 of Convention No. 151 in a branch of activity such as that of public education, where both Conventions are applicable, since it includes the concept of voluntary negotiation and the independence of the negotiating parties. In such cases, taking into account Article 1 of Convention No. 151, Article 4 of Convention No. 98 should be applicable in preference to Article 7 of Convention No. 151, which calls upon the public authorities to promote collective bargaining either by means of procedures that make such bargaining possible, or by such other methods as will allow public servants to participate in the determination of their terms and conditions of employment.