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Internal administration of organizations (Right of organizations to organize their administration)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0802 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060802 Internal administration of organizations 456. In view of the fact that in every democratic trade union movement the congress of members is the supreme trade union authority which determines the regulations governing the administration and activities of trade unions and which establishes their programme, the prohibition of such congresses would seem to constitute an infringement of trade union rights. (See the 1996 Digest, para. 418.) 457. When legislation is applied in such a manner as to prevent trade union organizations from using the services of experts who are not necessarily elected offi cers, such as industrial advisers, lawyers or agents able to represent them in judicial or administrative proceedings, there would be serious doubt as to the compatibility of such provisions with Article 3 of Convention No. 87, according to which workers’ organizations shall have the right, inter alia, to organize their administration and activities.(See the 1996 Digest, para. 420.) 458. A provision prohibiting a trade union leader from receiving remuneration of any kind is not in conformity with the requirements of Article 3 of Convention No. 87.(See the 1996 Digest, para. 421.) 459. With regard to legislation which had just been adopted prohibiting the payment of the wages of full-time union officials by employers, the Committee considered that abandoning such a widespread, long-standing practice may lead to financial difficulties for unions and entail the risk of considerably hindering their functioning.(See 307th Report, Case No. 1865, para. 225.) 460. Freedom of association implies the right of workers’ and employers’ organizations to resolve any disputes by themselves and without interference by the authorities; it is for the government to create an atmosphere conducive to the resolution of such disputes.(See the 1996 Digest, para. 422.) |
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