Compilation of decisions of the Committee on Freedom of Association

Facilities for workers representatives18

General principles

1. Convention No. 135 calls on ratifying member States to supply such facilities in the undertaking as may be appropriate in order to enable workers representatives to carry out their functions promptly and efficiently, and in such a manner as not to impair the efficient operation of the undertaking concerned.

1. The Committee has underlined the need to strike a balance between two elements: (i) facilities in the undertaking should be such as to enable trade unions to carry out their functions promptly and efficiently and (ii) the granting of such facilities should not impair the efficient operation of the undertaking.

1. The Workers Representatives Recommendation, 1971 (No. 143) provides that the management of the undertaking should make available to workers representatives such material facilities and information as may be necessary for the exercise of their functions.

1. The Workers Representatives Convention, 1971 (No. 135), and the Collective Bargaining Convention, 1981 (No. 154), contain explicit provisions guaranteeing that, where there exist in the same undertaking both trade union representatives and elected representatives, appropriate measures are to be taken to ensure that the existence of elected representatives in an enterprise is not used to undermine the position of the trade unions concerned.

1. Making the possibility of having enterprise-level trade union representation subordinate to reaching agreement with an employer on the content of a collective agreement could restrict trade union organizations freedom of action and freedom of collective bargaining, enshrined respectively in Article 3 of Convention No. 87 and Article 4 of Convention No. 98.

1. The Labour Relations (Public Service) Convention, 1978 (No. 151) lays down in Article 6 that such facilities shall be afforded to the representatives of recognized public employees organizations as may be appropriate in order to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work, and that the granting of such facilities shall not impair the efficient operation of the administration or service concerned.