Compilation of decisions of the Committee on Freedom of Association

Consultation with the organizations of workers and employers16

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.