Sect. 5. Basic employee rights. Every employee has the right
take part in the formation of a trade union;
be member of a trade union, subject to its rules;
take part outside working hours, or with the consent of the employer within working hours, in the lawful activities of a trade union of which he or she is a member;
seek and hold office in any trade union of which he or she is a member, subject to its rules;
take part in the election of workplace representatives where provision is made for such election;
be elected or appointed and serve as a workplace representative where provision is made for this;
exercise any other right conferred by this Act.
Sect. 7. Basic employer rights. Every employer has the
right to -
[ILO draft provision for a Member country]
Sect. 15(1):Employees and employers shall have the right, in accordance with the provisions of separate law, to establish organizations in cooperation with others, without any discrimination, for the promotion and protection of their economic and social interests, to join any such organization of their choice, subject exclusively to the rules of such organizations, or to refrain from joining any such organization.
[Hungary, Labour Code, Act No. 22 of 1992]
Sect. 14. The right to form trade union associations and to carry on trade union activities shall be guaranteed to all workers within their place of work.
[Italy, Act to Make Rules to Safeguard the Freedom and Dignity of Workers and the Freedom of Trade Unions and of their Activity at the Workplace, and Rules with Regard to Placement, 20 May 1970 (No. 300)]
Sect. 51. 1. Workers and employers, members of the liberal professions and self-employed workers who do not employ other workers may freely establish occupational trade unions of their own choosing in the sectors of activity and geographical areas that they determine. They shall have the right to join them in full freedom, as shall persons who have ceased to exercise their function or occupation on condition that they have exercised it for at least one year.
Sect. 51. 6. Married women exercising an occupation or a trade may, without the authorization of their husband, join occupational trade unions and participate in their administration or direction under the conditions set out in the previous section.
Sect. 51. 7. Minors aged over 16 years may join trade unions, unless their father, mother or guardian is opposed to them doing so.
Sect. 51. 8. Any member of an occupational trade union may resign from it at any time, notwithstanding any clause to the contrary, without prejudice to the right of the trade union to claim the dues payable for the six months following the withdrawal of membership.
[Côte d'Ivoire, Labour Code, 1995]
Sect. 173. Persons exercising the same occupation, similar trades or allied occupations contributing to the production of specific products, or the same liberal profession, may establish an occupational trade union in full freedom.
All workers or employers may join the trade union of their choosing in full freedom in the context of their occupation. The same shall apply to persons who have ceased to exercise their functions or their occupation on condition that they have exercised the latter for at least one year.
[Niger, Labour Code, 1996]
Section 4. Workers have the following union rights:
(a) to freely establish, and without requiring previous authorization, trade unions;
(b) to join any already established, not to join, or to quit them;
(c) to gather and carry out trade union activities;
(d) to petition before the authorities and employers;
(e) to participate in the internal life of trade unions, to elect their representatives, to be elected and to propose candidates.
[Argentina, Trade Unions Law, 1988 (amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)) ]
Section 204. The following have the right to associate freely in order to
defend their economic and social interests, creating professional associations
or trade unions without distinction of nationality, gender, creed or political
(a) patrons or private workers.
(b) workers of autonomous official institutions.
If is forbidden to be a member of more than one trade union.
[El Salvador, Labour Code, 1972 (Amended by Decree 859 (1994))]