Compilation of decisions of the Committee on Freedom of Association

Consultation with the organizations of workers and employers16

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.