Cancellation of registration or trade union status (Dissolution and suspension of organizations)


Description:(CFA: Digest of Decisions 2006)
Subject classification: Freedom of Association
Document:1105
Subject: Freedom of Association, Collective Bargaining, and Industrial Relations
Display the document in:  French   Spanish
Document No. (ilolex): 2320061105

Cancellation of registration or trade union status

685. The Committee has emphasized that the cancellation of registration of an organization by the registrar of trade unions or their removal from the register is tantamount to the dissolution of that organization by administrative authority.

(See the 1996 Digest, para. 669; 318th Report, Case No. 2006, para. 348; 320th Report, Case No. 1953, para. 120; 323rd Report, Case No. 2075, para. 518; 327th Report, Case No. 2098, para. 759; 329th Report, Case No. 2181, para. 760; and 338th Report, Case No. 2364, para. 979.)

686. The cancellation of a trade union organization’s registration by administrative authority because of an internal dispute – which in fact implies the suspension of its activities – is a serious infringement of the principles of freedom of association, and in particular of Article 4 of Convention No. 87 which provides that workers’ and employers’ organizations are not liable to be dissolved by administrative authority.

(See 300th Report, Case No. 1821, para. 153.)

687. Cancellation of a trade union’s registration should only be possible through judicial channels.

(See the 1996 Digest, para. 670; 310th Report, Case No. 1888, para. 382; 318th Report, Case No. 2006, para. 348; and 324th Report, Case No. 1880, para. 857.) 688. De-registration measures, even when justified, should not exclude the possibility of a union application for registration to be entertained once a normal situation has been re-established.

(See the 1996 Digest, para. 671; and 329th Report, Case No. 2181, para. 760.)

689. Legislation which accords the minister the complete discretionary power to order the cancellation of the registration of a trade union, without any right of appeal to the courts, is contrary to the principles of freedom of association.

(See the 1996 Digest, para. 672; and 329th Report, Case No. 2181, para. 760.)
ILO Home NORMES home ILOLEX home Universal Query NATLEX

For further information, please contact the International Labour Standards Department (NORMES) by email:
Copyright © 2006 International Labour Organization (ILO)
Disclaimer
webinfo@ilo.org