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Workers and Freedom of Association

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There can be neither social dialogue nor progress toward social justice without freedom of association. Freedom of association gives workers a voice with which to express their aspirations, strengthens their position in collective bargaining and enables them to participate in the framing and implementing of economic and social policy. It is furthermore a prerequisite for cooperation on equal footing between workers, employers and government.

The struggle for the right of workers’ to express their interests through independent trade unions began more than a century ago and continues to this day with many still deprived of this fundamental right, risking harassment, dismissal, imprisonment and in some cases death.

A major step forward in this struggle has been the recognition by the international community, of freedom of association and the right to organize as fundamental human rights. This recognition has lead to the adoption of two “core” standards by the ILO:

ILO Convention 87 on Freedom of Association and Protection of the Right to Organize Convention

“Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation”.

ILO Convention 98 on the Right to Organize and Collective Bargaining

“Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.”

The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th session (June 1998) has further strengthened international commitment to the rights to organize and bargain collectively by encouraging all member States to respect the principles contained in these Conventions. In addition, the ILO Committee on Freedom of Association examines and decides upon complaints against member States of violations of freedom of association regardless of whether or not they have ratified the freedom of association Conventions.

Country Information
Freedom of Association and the Effective Recognition of the Right to Collective Bargaining (pdf, 765KB)

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Publications
Freedom of Association and the Effective Recognition of the Right to Collective Bargaining (pdf, 765KB)
Voices for Freedom of Association
National Case Studies on Freedom of Association

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ILO Conventions and Recommendations
C11 Right of Association (Agriculture) Convention, 1921
C84 Right of Association (Non-Metropolitan Territories) Convention, 1947
C87 Freedom of Association and Protection of the Right to Organise Convention, 1948
C98 Right to Organise and Collective Bargaining Convention, 1949
C135 Workers' Representatives Convention, 1971
C141 Rural Workers' Organisations Convention, 1975
C151 Labour Relations (Public Service) Convention, 1978
C154 Collective Bargaining Convention, 1981
R91 Collective Agreements Recommendation, 1951
R92 Voluntary Conciliation and Arbitration Recommendation, 1951
R94 Cooperation at the Level of the Undertaking Recommendation, 1952
R113 Consultation (Industrial and National Levels) Recommendation, 1960
R129 Communications within the Undertaking Recommendation, 1967
R130 Examination of Grievances Recommendation, 1967
R143 Workers' Representatives Recommendation, 1971
R149 Rural Workers' Organisations Recommendation, 1975
R159 Labour Relations (Public Service) Recommendation, 1978
R163 Collective Bargaining Recommendation, 1981

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Other
Committee on Freedom of Association

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Updated by MB. Approved by SP. Last update: October 2002.