ILO\u27s questions and answers sheet on freedom of association and collective bargainin

International Labour Organization

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InFocus Programme on Promoting the Declaration on Fundamental Principles and Rights at Work: Freedom of Association Collective Bargaining:  Questions and Answers

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Cornell University ILR School 
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Freedom of Association 
January 2005 
InFocus Programme on Promoting the Declaration on 
Fundamental Principles and Rights at Work: Freedom of 
Association Collective Bargaining: Questions and Answers 
International Labour Organization 
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InFocus Programme on Promoting the Declaration on Fundamental Principles 
and Rights at Work: Freedom of Association Collective Bargaining: Questions and 
Answers 
Abstract 
ILO's questions and answers sheet on freedom of association and collective bargaining 
Keywords 
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This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/freedom/1 
Freedom of Association and Collective
Bargaining 
Q: What is freedom of association?
Freedom of association is the fundamental principle of the ILO. It means the right of workers and
employers to freely form or join organizations that promote and defend their interests at work,
without interference from one another or the State. The right to organize applies to all workers
and employers, including persons in the "informal sector," ie, generally those not working
under contracts of employment. This right should be guaranteed by the State, regardless of
occupation, sex, colour, race, creed, nationality or political opinion.
Q: What is collective bargaining? 
Collective bargaining is a voluntary process through which employers (or their organizations),
and trade unions (or in their absence, workers' representatives) discuss and negotiate their
relations and interaction at the workplace, such as pay and other terms and conditions of work.
This process of bargaining aims to reach mutually acceptable collective agreements.
Q: What is meant by effective recognition of the right to collectivebargaining?
Important conditions for effective recognition of the right to collective bargaining are that
workers' organizations are independent and not under the control of employers, or employers'
organizations - and that the process of collective bargaining can proceed without undue
interference by the authorities. 
Q: Why are these rights called fundamental?
Both freedom of association and effective recognition of the right to collective bargaining are
fundamental human rights at work, enshrined in the ILO Constitution since 1919. Freedom of
association is closely linked with freedom of expression, the media, assembly and universal
suffrage. These rights underpin democratic representation and governance. Freedom of associ-
ation and collective bargaining are among the four categories of principles and rights at the heart
of the ILO Declaration on Fundamental Principles and Rights at Work, adopted by ILO member
States at the International Labour Conference in 1998. This Declaration underscores that all
member countries have an obligation to respect the fundamental principles involved, whether or
not they have ratified the relevant ILO Conventions. Q
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InFocus Programme on Promoting the
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WORK IN FREEDOM
Q: How can freedom of association and the right to collective bargainingcontribute to economic development and growth?
Research shows they play an important role. Recent studies by the ILO and others suggest these
rights, combined with democracy can also enhance export competitiveness and are associated
with higher exports of labour intensive goods, productivity growth and innovation. In addition,
collective agreements between workers and employers can make business negotiations more
predictable, accountable and transparent. This contributes to the certainty and stability in the
workplace that is essential for making sound investment decisions. There is also growing recog-
nition that greater involvement of workers in the enterprise can improve the quality of manage-
ment decision-making. 
Q: Does everyone have the right to strike? What about essential services?
The right to strike is generally recognized but it is not absolute. Governments may restrict strike
action of workers in certain professions and sectors because of their status, the essential service
functions they perform, or their hierarchical rank. A service is considered essential if its inter-
ruption would endanger the life, personal safety or health of the population at large or individu-
als. Examples include the hospital sector, electricity, water supply and telephone services, and air
traffic control. (Prohibitions on strikes in essential services should be accompanied by
compensatory guarantees - including adequate, impartial and timely conciliation and arbitration
proceedings, well as prompt implementation of awards).
Q: What workers face particular challenges in terms of freedom of associ-ation and collective bargaining?
These include those in the public sector, export-processing zones, agriculture, migrant and
domestic workers and those in the informal economy. Women tend to be disproportionately
represented in these categories.
Q: Who is covered by freedom of association and collective bargaining?
All workers and employers have a right to organize. The only exceptions are the armed forces
and the police. (The State may decide how the right of freedom of association is applied to the
armed forces and the police, but these categories must be strictly defined.) Restrictions placed
on senior public officials' organizations are acceptable if they are limited to persons exercising
senior managerial or policy-making responsibilities, and do not limit their right to establish their
own organizations. The same rule is applied to restrictions imposed by the State on the right of
managerial or executive staff in the private sector to organize.
Q & A - Freedom of Association and Collective Bargaining 2


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InFocus Programme on Promoting the Declaration on Fundamental Principles and Rights at Work: Freedom of Association Collective Bargaining: Questions and Answers

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