Compilation of decisions of the Committee on Freedom of Association

Participation of organizations of workers and employers in various bodies and procedures17

1. The Committee considered that it was not called upon to express an opinion as to the right of a particular organization to be invited to take part in joint or consultative bodies unless its exclusion constituted a clear case of discrimination affecting the principle of freedom of association. This is a matter to be determined by the Committee in the light of the facts of each given case.

1. It is only in a framework which fully respects the capacity of workers organizations to act in total independence that the Government will be in a position to determine, with these organizations, objective and transparent criteria for nominating workers representatives to national and international tripartite bodies and to the International Labour Conference.

1. Any decision concerning the participation of workers organizations in a tripartite body should be taken in full consultation with all the trade unions whose representativity has been objectively proved.

1. The fact that a trade union organization is debarred from membership of joint committees does not necessarily imply infringement of the trade union rights of that organization. But for there to be no infringement, two conditions must be met: first, that the reason for which a union is debarred from participation in a joint committee must lie in its non-representative character, determined by objective criteria; second, that in spite of such non-participation, the other rights which it enjoys and the activities it can undertake in other fields must enable it effectively to further and defend the interests of its members within the meaning of Article 10 of Convention No. 87.

1. If the circumstances are such that an organization considered to be the most representative of workers or of employers in a country were prevented from taking part in joint and tripartite inter-occupational bodies for the economic sectors or branches of which it is representative, the Committee would consider that the principles of freedom of association had been infringed.

1. When setting up joint committees dealing with matters affecting the interests of workers, governments should make appropriate provision for the representation of different sections of the trade union movement having a substantial interest in the questions at issue.

1. In determining whether an organization is representative for the purpose of participation in the membership of arbitration tribunals, it is important that the State should not intervene other than to give formal recognition to situations of fact, and it is indispensable that any decision should be based on objective criteria laid down in advance by an independent body.

1. The establishment of a tripartite group to examine the question of wages and the anti-inflationary measures that should be taken is in accordance with the provision in Recommendation No. 113 which provides that consultation and cooperation should be promoted between public authorities and employers and workers organizations with the general objective of achieving mutual understanding and good relations between them with a view to developing the economy as a whole or individual branches thereof, improving conditions of work and raising standards of living. In particular, the authorities should seek the views, advice and assistance of employers and workers organizations in an appropriate manner in respect of such matters as the preparation and implementation of laws and regulations affecting their interests.

1. While the principles of freedom of association do not require that there be an absolute proportional representation (which might prove impossible, and indeed is not advisable due to the risks of excessive representational fragmentation), the authorities should at the very least make some allowance to recognize the plurality of trade unions, reflect the choice of workers and demonstrate in practice that fair and reasonable efforts are made to treat all representative workers organizations on an equal footing.