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Legal formalities for the establishment of organizations (Right of workers and employers to establish organizations without previous authorization)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0402 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060402 Legal formalities for the establishment of organizations 275. In its report to the 1948 International Labour Conference, the Committee on Freedom of Association and Industrial Relations declared that “the States would remain free to provide such formalities in their legislation as appeared appropriate to ensure the normal functioning of occupational organizations”. Consequently, the formalities prescribed by national regulations concerning the constitution and functioning of workers’ and employers’ organizations are compatible with the provisions of that Convention provided, of course, that the provisions in such regulations do not impair the guarantees laid down in Convention No. 87. (See the 1996 Digest, para. 247; and 313th Report, Case No. 1977, para. 237.) 276. Although the founders of a trade union should comply with the formalities prescribed by legislation, these formalities should not be of such a nature as to impair the free establishment of organizations.(See the 1996 Digest, para. 248; and, for example, 308th Report, Case No. 1894, para. 536; 316th Report, Case No. 1773, para. 615; 323rd Report, Case No. 2085, para. 172, and Case No. 2079, para. 540; 329th Report, Case No. 2075, para. 151; 334th Report, Case No. 2222, para. 208; 336th Report, Case No. 2046, para. 312; 337th Report, Case No. 2327, para. 200, and Case No. 2346, para. 1056; and 338th Report, Case No. 2046, para. 106.) 277. A provision stating that workers will not be allowed to establish workers’ associations until the expiry of a period of three months following the commencement of commercial production in the concerned unit is contrary to Article 2 of Convention No. 87 and should be amended to ensure that the workers in question may establish workers’ associations from the beginning of their contractual relationship.(See 337th Report, Case No. 2327, para. 197.) 278. If there is grave suspicion that trade union leaders have committed acts which are punishable by law, they should be subject to normal judicial proceedings in order to determine their responsibilities, and their detention should not in itself constitute an obstacle to the granting of legal personality to the organization concerned.(See the 1996 Digest, para. 250.) |
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