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FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE FREEDOM OF ASSOCIATION PROGRAMME Turin Training...
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Transcript of FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE FREEDOM OF ASSOCIATION PROGRAMME Turin Training...
FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE
FREEDOM OF ASSOCIATION PROGRAMME FREEDOM OF ASSOCIATION PROGRAMME
Turin Training CentreTurin Training Centre
Trade union training on ILS, ILO Declaration and Freedom of Trade union training on ILS, ILO Declaration and Freedom of AssociationAssociation
Asmara (Erythrea), 26-30 November 2007Asmara (Erythrea), 26-30 November 2007
FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE
Right of workers’ and employers’ organizations Right of workers’ and employers’ organizations to formulate their programmesto formulate their programmes (art. 3, C. 87)) (art. 3, C. 87))
Right of organizations to formulate their programmes include:
Right to hold meetings
Right to have access to the working place by trade union leaders with due respect for the rights of property and management
Right to communicate with management
Right to strike
FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE
Most visible form of collective action in the context of a labour dispute
The right to strikeThe right to strike
Even if not expressly mentioned in ILO Conventions on FOA, the right to strike is fully recognized and protected
Legitimate weapon of workers’ organizations in furtherance of their members’ interests
FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE
Forms of strikeForms of strike
Any work stoppage, however brief and limited, may generally be considered as a strike
Political strikes do not fall within the scope of FOA. However possible recourse to protest strikes
Sympathy strikes are lawful when the initial strike is lawful
Restrictions on strike pickets and workplace occupations should be limited to cases where the action ceases to be peaceful
FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE
The law may subordinate the exercise of the right to strike to certain prerequisites (reasonable criteria)
Prerequisites found to be acceptable:
Prerequisite not acceptable:
Decision by over half of all the workers involved A quorum requirement of two-thirds Compulsory arbitration before calling strike (when the
result is binding)
Take strike decisions by secret ballot Give prior notice to the employer before calling a strike Conciliation, mediation, voluntary arbitration
FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE
Compensatory guarantees should be provided for workers deprived of their right to strike
In cases of not essential services but of public utility, possible to establish a system of negotiated minimum service
Certain categories of workers can see their right to strike limited, even prohibited:
civil servants exercising authority in the name of the state
workers in essential services : services the interruption of which would endanger the life, the personal safety or health of the whole or part of the population
acute national crisis (limited period of time)
Workers coveredWorkers coveredWorkers coveredWorkers covered
FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE
Abuse of the right to strikeAbuse of the right to strike
Sanctions provided in national legislation in case of abuse are acceptable
FOA principles do not protect against abuse
All penalties should be proportionate to the offence or fault committed. No imprisonment for organizing or participating in a peaceful strike
FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE
Workers and their organization have an obligation to respect the law of the land
Intervention of the police in strike actionsIntervention of the police in strike actions
Intervention of security forces in strike situation should be limited strictly to the maintenance of public order and only if there is a serious threat to law and order
Necessary instruction should be given to competent authorities so as to avoid the danger of excessive violence in trying to control demonstrations that might undermine public order
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