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Dissolution on account of insufficient membership (Dissolution and suspension of organizations)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1103 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061103 Dissolution on account of insufficient membership (See also para. 289)680. A legal provision which requires the dissolution of a trade union if its membership falls below 20 or 40, depending on whether it is a works union or an occupational union, does not in itself constitute an infringement of the exercise of trade union rights, provided that such winding up is attended by all necessary legal guarantees to avoid any possibility of an abusive interpretation of the provision; in other words, the right of appeal to a court of law. (See the 1996 Digest, para. 661.) 681. In one case where the legislation required that there be at least 20 persons in order to found a union, and where a court had ordered the dissolution of a union of homeopathy workers because of the insufficient number of persons legally qualified to practice this profession, the Committee considered that the dissolution did not appear to constitute a measure which could be considered an infringement of freedom of association.(See the 1996 Digest, para. 662.) 682. In a case in which it concluded that the reduction in the number of union members to below the legal minimum of 25 was the consequence of anti-trade union dismissals or threats, the Committee requested the government, should it be concluded that these were anti-trade union dismissals and that the withdrawal from union membership of trade union leaders resulted from pressure or threats from the employer, to impose the penalties provided by the legislation, reinstate the dismissed workers in their jobs and permit the dissolved trade union to be reconstituted.(See the 1996 Digest, para. 663.) |
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