Definitions

Convention on Freedom of Association and Protection of the Right to Organise, 1948 (No.87)

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.

Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. Such protection shall apply more particularly in respect of acts calculated to:

• make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership;
• cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours.

Workers' and employers' organisations shall enjoy adequate protection against the acts of interference by each other or each other's agents or members in their establishment, functioning or administration.

In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article.

Workers' Representatives Convention, 1971 (No. 135)

Convention concerning Protection and Facilities for worker representation. The convention outlines the protection of workers’ representatives or union membership and defines who a representative us and their role:

• elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned.
• trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or
• elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned.

ILO Declaration on Fundamental Principles and Rights at Work (1998)

In 1998, the ILO adopted the recognizing that all member states, even if they have not ratified the relevant conventions, have an obligation to give effect to rights guaranteed in eight fundamental conventions.

The ILO Declaration on Social Justice for a Fair Globalization of 2008 & the Global Job Pact of 2009

The declaration is the ILO’s mandate to promote social justice using all the means available to it, including the promotion of international labour standards. The Declaration institutionalizes the Decent Work concept developed by the ILO since 1999. Decent work involves opportunities for work that are productive and deliver a fair income, security in the workplace and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organise and participate in the decisions that affect their lives and equality of opportunity and treatment for all women and men.

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

The ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (the MNE Declaration) provides guidance to MNE’s, governments, employers’ and workers’ organizations in relation to employment, training, working conditions and life, and industrial relations.  The declaration was updated in January 2017 and now includes in addition to an interpretation procedure a dispute resolution mechanism.

Consultation (Industrial and National Levels) Recommendation, 1960 (No.113)

The government is expected to promote effective consultation and cooperation; The processes for cooperation must be without discrimination against trade unions or any other persons; Consultation and cooperation does not act against or detract from Freedom of Association or the rights of trade unions to bargain collectively for workers; The Objective of consultation is to promote mutual understanding and good relations to improve conditions of work and living standards for worker’s families and there should be laws to protect these rights,

Universal Declaration of Human Rights (1948) Article 20 (1)

Everyone has the right to freedom of peaceful assembly, association and the right to join a trade union.

International Covenant on Civil and Political Rights (1966) (ICCPR) Article 22

Provides that the right to freedom of association and includes the right to form and join trade unions.

Cooperation at the Level of the Undertaking Recommendation, 1952 (No.94)

The employer shall promote consultation and cooperation on matters of mutual concern that are not within the scope of collective bargaining for terms and conditions of employment; Cooperation can be established by voluntary agreements between workers and employers and the government can enact laws to promote the establishment of committees.

International Covenant on Economic, Social and Cultural Rights (1966) (ICESCR) Article 8

Obliges state parties to ensure the right of everyone to form trade unions and join the trade union of his (or her) choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social. It also provides for the right to establish national federations or confederations and the right of the latter to form or join international trade-union organizations and the right to strike.

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR)

This is an international treaty that allows victims of violation of economic, social and cultural rights, to present complaints at the international level. When people cannot access justice in the courts of their country for violations of economic, social and cultural rights (ESCR), they can bring a complaint to the UN Committee on Economic, Social and Cultural Rights (CESCR). The Optional Protocol includes three procedures:

• A complaints procedure
• An inquiries procedure
• An inter-State complaints procedure

The UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights, applicable to all states and business enterprises, require states to protect human rights and fundamental freedoms against actions of non-state actors, including corporations. Companies are obliged to respect people by avoiding infringing on the human rights of others and addressing adverse human rights impacts they are involved in.

UN Global Compact

Principle 3: Businesses should uphold freedom of association and the effective recognition of the right to collective bargaining;

The OECD Guidelines for Multinational Enterprises

Chapter 5 on employment and industrial relations has 7 stipulations outlining organizational behaviour towards workers, one of which that that enterprises should respect the right of workers to join and establish trade unions and the right to collective bargaining;

Decent work and the Sustainable Development Goals

Goal eight of the 2030 Agenda calls for the promotion of sustained, inclusive and sustainable economic growth, full and productive employment and decent work. Key aspects of decent work are embedded in the targets of the other 16 goals of the SDG’s. During the UN General Assembly in September 2015, decent work and the four pillars of the Decent Work Agenda became integral elements of the new 2030 Agenda for Sustainable Development.

Just transition and environmental sustainability

The concept of a Just Transition builds on the Decent Work principles and viewed through an environmental sustainability lens. The narrative addresses the impact of climate change on workers in view of extreme weather patterns, migration, natural disasters and technological interventions.