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General principles (Protection against anti-union discrimination)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1301 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061301 General principles 769. Anti-union discrimination is one of the most serious violations of freedom of association, as it may jeopardize the very existence of trade unions. (See 331st Report, Case No. 2169, para. 639.) 770. No person shall be prejudiced in employment by reason of trade union membership or legitimate trade union activities, whether past or present.(See the 1996 Digest, para. 690; and, for example, 300th Report, Case No. 1823, para. 440; 304th Report, Case No. 1819, para. 155; 306th Report, Case No. 1867, para. 67; 310th Report, Case No. 1930, para. 364; 320th Report, Case No 1963, para. 226; 325th Report, Case No. 2068, para. 316; 327th Report, Case no. 2098, para. 757; 331st Report, Case No. 2187, para. 441; 336th Report, Case No. 2380, para. 794; and 388th Report, Case No. 2200, para. 325.) 771. No person should be dismissed or prejudiced in employment by reason of trade union membership or legitimate trade union activities, and it is important to forbid and penalize in practice all acts of anti-union discrimination in respect of employment.(See the 1996 Digest, paras. 696 and 748; and, for example, 305th Report, Case No. 1874, para. 270; 309th Report, Case No. 1925, para. 116; 316th Report. Case No. 1972, para. 708; 320th Report, Case No. 1998, para. 254; 321st Report, Case No. 2055, para. 355; 327th Report, Case No. 2125, para. 778; 330th Report, Case No. 2203, para. 808; 331st Report, Case No. 2097, para. 277; 333rd Report, Case No. 2229, para. 108; and 334th Report, Case No. 2239, para. 394.) 772. No one should be subjected to discrimination or prejudice with regard to employment because of legitimate trade union activities or membership, and the persons responsible for such acts should be punished.(See 299th Report, Case No. 1808, para. 377.) 773. Since inadequate safeguards against acts of anti-union discrimination, in particular against dismissals, may lead to the actual disappearance of trade unions composed only of workers in an undertaking, additional measures should be taken to ensure fuller protection for leaders of all organizations, and delegates and members of trade unions, against any discriminatory acts.(See the 1996 Digest, para. 700; 304th Report, Case No. 1853, para. 299; 316th Report, Case No. 1970, para. 556; 336th Report, Case No. 2316, para. 55; and 337th Report, Case No. 2291, para. 136.) 774. The Committee considers that it is not its role to determine in federal States which are the internal standards regulating protection against anti-union discrimination and, in particular, whether the standards of general application or those of the province in question should be applicable. Nevertheless, irrespective of the procedural or substantive laws applying to public officials or employees in provinces of a federal State, the Committee is bound to examine whether the actual alleged anti-union discrimination measures are or are not in accordance with the provisions of ratifi ed ILO Conventions and the principles of freedom of association.(See 306th Report, Case No. 1867, paras. 63 and 64.) |
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