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Solidarist or other associations (Protection against acts of interference (See also para. 1119))Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1402 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061402 Solidarist or other associations A. Definition 869. An Act on solidarist associations provides that such associations may be formed by 12 or more workers, and defi nes them as follows: “Solidarist associations are bodies of indeterminate duration which have their own legal personality and which, to achieve their purposes (the promotion of justice and social peace, harmony between employers and workers and the general advancement of their members), may acquire goods of all kinds, conclude any type of contract and undertake legal operations of any sort aimed at improving their members’ social and economic conditions so as to raise their standard of living and enhance their dignity. To this effect they may undertake savings, credit and investment operations and any other financially viable operations. They may also organize programmes in the areas of housing, science, sport, art, education and recreation, cultural and spiritual matters and social and economic affairs and any other programme designed legally to promote cooperation between workers and between workers and their employers.” The income of solidarist associations comes from members’ minimum monthly savings, the percentage of which shall be determined by the general meeting, and the employers’ monthly contribution on behalf of the workers, which shall be determined by common agreement between the two sides. (See the 1996 Digest, para. 772.) 870. Solidarist associations are associations of workers which are set up dependent on a fi nancial contribution from the relevant employer and which are financed in accordance with the principles of mutual benefit societies by both workers and employers for economic and social purposes of material welfare (savings, credit, investment, housing and educational programmes, etc.) and of unity and cooperation between workers and employers; their deliberative bodies must be made up of workers, though an employers’ representative may be included who may speak but not vote. In the Committee’s opinion, although from the point of view of the principles contained in Conventions Nos. 87 and 98, nothing prevents workers and employers from seeking forms of cooperation, including those of a mutualist nature, to pursue social objectives, it is up to the Committee, in so far as such forms of cooperation crystallize into permanent structures and organizations, to ensure that the legislation on and the functioning of solidarist associations do not interfere with the activities and the role of trade unions.(See the 1996 Digest, para. 773.) B. Safeguards to prevent associations from carrying out trade union activities871. The provisions governing “solidarist” associations should respect the activities of trade unions guaranteed by Convention No. 98. (See the 1996 Digest, para. 774.) 872. The necessary legislative and other measures should be taken to guarantee that solidarist associations do not get involved in trade union activities, as well as measures to guarantee effective protection against any form of anti-union discrimination and to abolish any inequalities of treatment in favour of solidarist associations.(See the 1996 Digest, para. 775; and 320th Report, Case No. 1984, para. 542.) 873. As regards allegations relating to “solidarism”, the Committee has recalled the importance it attaches, in conformity with Article 2 of Convention No. 98, to protection being ensured against any acts of interference by employers designed to promote the establishment of workers’ organizations under the domination of an employer.(See the 1996 Digest, para. 776.) 874. As regards allegations concerning the activities of solidarist associations aimed at thwarting trade union activities, the Committee drew the Government’s attention to Article 2 of Convention No. 98, which provides that workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other and that measures designed to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to support workers’ organizations by fi nancial and other means, with the object of placing such organizations under the control of employers or employers’ organizations, are specifi cally assimilated to such acts of interference.(See the 1996 Digest, para. 777.) 875. The interference of solidarist associations in trade union activities, including collective bargaining, through direct settlements signed between an employer and a group of non-unionized workers, even when a union exists in the undertaking, does not promote collective bargaining as set out in Article 4 of Convention No. 98, which refers to the development of negotiations between employers or their organizations and workers’ organizations.(See the 1996 Digest, paras. 778 and 790.) 876. Since solidarist associations are financed partly by employers, are comprised of workers but also of senior staff or personnel having the employers’ confidence and are often started up by employers, they cannot play the role of independent organizations in the collective bargaining process, a process which should be carried out between an employer (or an employer’s organization) and one or more workers’ organizations totally independent of each other. This situation therefore gives rise to problems in the application of Article 2 of Convention No. 98, which sets out the principle of the full independence of workers’ organizations in carrying out their activities.(See the 1996 Digest, paras. 779 and 790.) 877. In relation to solidarist associations, the Committee emphasized the fundamental importance of the principle of tripartism advocated by the ILO, which presupposes organizations of workers and of employers which are independent of each other and of the public authorities. The Committee requested the Government to take measures, in consultation with the trade union confederations, to create the necessary conditions for strengthening the independent trade union movement and for developing its activities in the social field.(See the 1996 Digest, para. 780.) 878. Workers’ welfare associations cannot be substitutes for free and independent trade unions for as long as they fail to present guarantees of independence in their composition and functioning.(See 333rd Report, Case No. 2268, para. 742.) 879. The Committee has recalled that legislative or other measures have to be taken in order to ensure that organizations that are separate from trade unions do not assume responsibility for trade union activities and to ensure effective protection against all forms of anti-union discrimination.(See 334th Report, Case No. 2295, para. 596.) |
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