Compilation of decisions of the Committee on Freedom of Association

Consultation with the organizations of workers and employers16

General principles

1. The Committee has called the Governments attention to the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113), which establishes that consultations "should aim, in particular, at joint consideration of matters of mutual concern with a view to arriving, to the fullest possible extent, at agreed solutions" and includes among the matters for consultation "the preparation and implementation of laws and regulations affecting their interests.

1. The Committee has expressed the importance, for the preservation of a countrys social harmony, of regular consultations with employers and workers representatives; such consultations should involve the whole trade union movement, irrespective of the philosophical or political beliefs of its leaders.

1. The Committee highlighted the importance for harmonious labour relations of full and frank consultations on matters affecting the workers occupational interests.

1. The Committee stressed the importance that immediate action be taken to create a climate of trust based on respect for business and labour organizations, so as to promote stable and solid industrial relations.

1. The Committee recalled the importance of consulting all trade union organizations concerned on matters affecting their interests or those of their members.

1. The Committee has emphasized that the principle of consultation and cooperation between public authorities and employers and workers organizations at the industrial and national levels is one to which importance should be attached.

1. The Committee has emphasized the importance it attaches to the promotion of dialogue and consultations on matters of mutual interest between the public authorities and the most representative occupational organizations of the sector involved.

1. The Committee emphasized the fundamental importance of tripartite dialogue as a means of finding solutions to problems arising in the context of labour relations.

1. The Committee emphasized the vital importance that it attaches to social dialogue and tripartite consultation, not only concerning questions of labour law but also in the formulation of public policy on labour, social and economic matters.

1. The Committee recalled that, according to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), in designing, implementing and evaluating policies and programmes of relevance to the informal economy, including its formalization, the Government should consult with and promote active participation of the most representative employers and workers organizations, which should include in their ranks, according to national practice, representatives of membership-based representative organizations of workers and economic units in the informal economy.

1. With the necessary limitations of time, the principles governing consultation remain valid during crises that require the taking of urgent measures.

1. In the case concerning the public corporate sector, the Committee highlighted the importance of making changes to working conditions such as cuts to wages and other allowances and benefits the subject of in-depth consultation with the most representative organizations in the sector.

1. It is important that national human resources policies in the public service, including vocational training arrangements, be drawn up in consultation with the most representative trade union organizations.

1. The Committee has considered it useful to refer to the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113), Paragraph 1 of which provides that measures should be taken to promote effective consultation and cooperation between public authorities and employers and workers organizations without discrimination of any kind against these organizations. In accordance with Paragraph 5 of the Recommendation, such consultation should aim at ensuring that the public authorities seek the views, advice and assistance of these organizations, particularly in the preparation and implementation of laws and regulations affecting their interests.

1. As reaffirmed by the Declaration of Philadelphia, the war against want requires to be carried on with unrelenting vigour within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join with them in free discussion and democratic decision with a view to the promotion of the common welfare.

1. Tripartite consultation should take place before the Government submits a draft to the Legislative Assembly or establishes a labour, social or economic policy.

1. It is important that consultations take place in good faith, confidence and mutual respect, and that the parties have sufficient time to express their views and discuss them in full with a view to reaching a suitable compromise. The Government must also ensure that it attaches the necessary importance to agreements reached between workers and employers organizations.

1. It is for trade unions to appoint their own representatives to consultative bodies.

1. The suspension by the labour authority of its collaboration with a trade union organization is not likely to ensure peaceful industrial relations.

Consultation during the preparation and application of legislation

1. The Committee has emphasized the value of consulting organizations of employers and workers during the preparation and application of legislation which affects their interests.

1. Bills do not require consultations or negotiations with each and every one of the trade union organizations, it being sufficient that these take place with the most representative organizations at the national or sectoral level.

1. Consultations on bills must take place prior to the legislative procedure, but they do not necessarily have to take place during the parliamentary proceedings.

1. The Committee recognizes the different nature of the professional relationships in the public sector due to the State playing the role of both the employer and the legislator, which could potentially cause difficulties. It is all the more important for the State to be aware of criticism that questions its subjectivity. One of the ways to avoid such criticism is to consult with employers and workers organizations during the drafting and implementation of legislation that affects their interests.

1. The Committee has drawn the attention of governments to the importance of prior consultation of employers and workers organizations before the adoption of any legislation in the field of labour law.

1. The Committee has emphasized the importance that should be attached to full and frank consultation taking place on any questions or proposed legislation affecting trade union rights.

1. Any changes to the scope and exercise of trade union rights should, as a matter of importance, be subject to in-depth consultations with the most representative organizations, in order to find, as far as possible, shared solutions.

1. The Committee stressed the importance that it attaches to holding consultations with the most representative workers and employers organizations with sufficient advance notice and, in particular, to ensuring that the drafts of laws or decrees are submitted to these organizations for consultation well before their adoption by the Government as a prerequisite for consideration by Parliament.

1. It is essential that the introduction of draft legislation affecting collective bargaining or conditions of employment should be preceded by full and detailed consultations with the appropriate organizations of workers and employers.

1. Tripartite consultations before a Government submits a draft to the legislative assembly or establishes a labour social or economic policy should be full, frank and detailed.

1. The Committee highlighted the importance of social dialogue in the process of adopting legislation, which may have an effect on workers rights, including those intended to alleviate a serious crisis situation.

1. The process of consultation on legislation and minimum wages helps to give laws, programmes and measures adopted or applied by public authorities a firmer justification and helps to ensure that they are well respected and successfully applied. The Government should seek general consensus as much as possible, given that employers and workers organizations should be able to share in the responsibility of securing the well-being and prosperity of the community as a whole. This is particularly important given the growing complexity of the problems faced by societies. No public authority can claim to have all the answers, nor assume that its proposals will naturally achieve all of their objectives.

1. The most representative employers and workers organizations, and in particular the confederations, should be consulted at length, on matters of mutual interest, including everything relating to the preparation and application of legislation concerning matters relating to them and to the fixing of minimum wages; this would contribute to legislation, programmes and measures that the public authorities have to adopt or apply being more solidly founded and to greater compliance and better implementation.

1. The Committee emphasized that tripartite consultation should take place before the Government submits a draft to the Legislative Assembly or establishes a labour, social or economic policy and that consultation should form part of the elements required for the Government to take its decision.

1. The Committee considers that forum for social dialogue shall be established in accordance with the principles of the ILO, having a tripartite composition which duly respects the representativeness of workers and employers organizations.

1. While the refusal to permit or encourage the participation of trade union organizations in the preparation of new legislation or regulations affecting their interests does not necessarily constitute an infringement of trade union rights, the principle of consultation and cooperation between public authorities and employers and workers organizations at the industrial and national levels is one to which importance should be attached. In this connection, the Committee has drawn attention to the provisions of the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113).

Consultation and employment flexibility

1. A contraction of the public sector and/or greater employment flexibility (for example, the generalization of short-term contracts) do not in themselves constitute violations of freedom of association. However, there is no doubt that these changes have significant consequences in the social and trade union spheres, particularly in view of the increased job insecurity to which they can give rise. Employers and workers organizations should therefore be consulted as to the scope and form of the measures adopted by the authorities.

Consultation and processes of restructuring, rationalization and staff reduction

1. The Committee can examine allegations concerning economic rationalization programmes and restructuring processes, whether or not they imply redundancies or the transfer of enterprises or services from the public to the private sector, only in so far as they might have given rise to acts of discrimination or interference against trade unions. In any case, the Committee can only regret that in the rationalization and staff-reduction process, the government did not consult or try to reach an agreement with the trade union organizations.

1. Rationalization and staff reduction processes should involve consultations or attempts to reach agreement with the trade union organizations, instead of giving preference to proceeding by decree and ministerial decision.

1. The Committee has emphasized that it is important that governments consult with trade union organizations to discuss the consequences of restructuring programmes on the employment and working conditions of employees.

1. The Committee stressed the importance of engaging into full and frank consultation with trade unions when elaborating restructuring plans, since they have a fundamental role to play in ensuring that programmes of this nature have the least possible negative impact on workers.

1. The Committee stressed the importance of consulting with trade unions when elaborating restructuring programmes, since they have a fundamental role to play in ensuring that programmes of this nature have the least possible effect on workers.

1. In a case concerning staff restructuring, the Committee stressed the importance of maintaining sound labour relations that would ensure that workers are not deprived of their fundamental rights and means of furthering and defending interests.

1. The Committee requests that, in the cases where new staff reduction programmes are undertaken, negotiations take place between the enterprise concerned and the trade union organizations.

1. When voluntary retirement programmes are carried out, the trade union organizations in the sector should be consulted.

1. With regard to the allegation concerning measures taken to induce workers in the public sector to give up their posts in the context of redundancy programmes in return for financial compensation, the Committee regretted that in the course of the staff reduction process there was no consultation and no attempt to come to an agreement with the trade union organizations.

1. Although it is not within the Committees competence to comment on economic measures which a government may take in difficult times or on the recommendations of the International Monetary Fund, the Committee nevertheless notes that decisions involving the dismissal of large numbers of workers should be discussed extensively with the trade union organizations concerned with a view to planning the occupational future of these workers in the light of the countrys opportunities.

Consultation concerning the bargaining process

1. A fair and reasonable compromise should be sought between the need for financial sustainability, on the one hand, and the need to preserve as far as possible the autonomy of the bargaining parties, on the other. The Committee considers that as much as possible, governments should seek general consensus regarding labour, social and economic policies adopted in the context of economic restraint given that social partners should be able to share in the responsibility of securing the well-being and prosperity of the community as a whole.

1. The Committee has stated, in the same way as the Committee of Experts, that where a government seeks to alter bargaining structures in which it acts actually or indirectly as employer, it is particularly important to follow an adequate consultation process, whereby all objectives perceived as being in the overall national interest can be discussed by all parties concerned. Such consultations imply that they be undertaken in good faith and that both partners have all the information necessary to make an informed decision.

1. Any limitation on collective bargaining by the authorities should be preceded by consultations with employers and workers organizations, in order to seek the agreement of both.

1. In view of the implications for the standard of living of the workers of the fixing of wages by the government, by-passing the collective bargaining process, and of the governments wage policy in general, the Committee has pointed out the importance it attaches to the effective promotion of consultation and cooperation between public authorities and workers organizations in this respect, in accordance with the principles laid down in the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113), for the purpose of considering jointly matters of mutual concern with a view to arriving, to the fullest possible extent, at agreed solutions.

1. The Committee requested a government to take the necessary measures to ensure that trade unions in the public enterprises are consulted when setting budget ceilings for public enterprises with regard to wages, so that the trade unions concerned may assess the situation, express their views and positions and discuss with the authorities the considerations of general interest that these authorities may deem it necessary to highlight.

Consultation with employers organizations

1. In a particular case the Committee considered that all economic, social or foreign exchange policies that affect the interests of employers should be the subject of consultations with employers organizations, and any concrete decision made by the authorities concerning these matters could be based on the intent to discriminate against specific employers belonging to a determined organization.

Consultations on the redistribution of the assets of organizations which have been dissolved

1. In a case relating to the redistribution of the assets of trade unions which had been dissolved, the Committee recalled that it is for the Government and the trade unions to cooperate to seek an arrangement consistent with the principles of freedom of association and acceptable to the parties concerned so that the trade unions are able to carry out their activities in full independence and on an equal footing.