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.