Compilation of decisions of the Committee on Freedom of Association

Facilities for workers representatives18

Access to the workplace

1. The Committee has drawn the attention of governments to the principle that workers representatives should enjoy such facilities as may be necessary for the proper exercise of their functions, including access to workplaces.

1. Governments should guarantee the access of trade union representatives to workplaces, with due respect for the rights of property and management, so that trade unions can communicate with workers in order to apprise them of the potential advantages of unionization.

1. Workers representatives should be granted access to all workplaces in the undertaking where such access is necessary to enable them to carry out their representation function.

1. The Committee considers that, when a meeting with trade union members is held, their union representatives should be granted access to the workplace to participate in such a meeting so as to enable them to carry out their representation function.

1. Trade union representatives who are not employed in the undertaking but whose trade union has members employed therein should be granted access to the undertaking. The granting of such facilities should not impair the efficient operation of the undertaking concerned.

1. For the right to organize to be meaningful, the relevant workers organizations should be able to further and defend the interests of their members, by enjoying such facilities as may be necessary for the proper exercise of their functions as workers representatives, including access to the workplace of trade union members.

1. The accompaniment by security guards when accessing an enterprise may be considered a necessary measure in certain circumstances. Considering, however, that such a procedure should not result in any interference in internal trade union affairs or in the capacity of trade union representatives to communicate freely with workers in order to apprise them of the potential advantages of unionization, steps should be taken by the Government to ensure that, once in the workplace, union officials have the necessary space to communicate freely with workers without interference from the employer and without the presence of the employer or the security guards.

1. The denial of access by trade union leaders to the premises of enterprises on the grounds that a list of dispute grievances had been presented constitutes a serious violation of the right of organizations to carry out their activities freely, which includes the presentation of grievances even by a trade union other than that which concluded the collective agreement in force.

1. The necessary measures should be taken to ensure that access is granted freely to farmworkers, domestic workers and workers in the mining industry by trade unions and their officials for the purpose of carrying out normal union activities although on the premises of employers.

1. Access to the workplace should not of course be exercised to the detriment of the efficient functioning of the administration or public institutions concerned. Therefore, the workers organizations concerned and the employer should strive to reach agreements so that access to workplaces, during and outside working hours, should be granted to workers organizations without impairing the efficient functioning of the administration or the public institution concerned.

1. If necessary, workers organizations and employers could reach agreements so that access to workplaces, during and outside working hours, can be granted to workers organizations without impairing the functioning of the establishment or service.