FREEDOM OF ASSOCIATION

LA.1.a. Association and bargaining

Does the company recognise the rights of its workers to freedom of association and to bargain collectively?

ABOUT THIS QUESTION

Workers must be allowed to form and/or join worker organisations of their choice. The company must allow such organisations and their representatives to function independently without interference and with reasonable access to the information, resources, and facilities necessary to carry out their functions. The company must also respect the right of workers to bargain collectively. Under no circumstances may the company terminate employees or discriminate against them in retaliation for exercising trade union rights.

The question applies to workers directly engaged by the company and workers engaged through third parties to perform work related to core business processes for a substantial duration (contracted workers operating within company premises).

The question relates to the right to peaceful assembly and freedom of association.  The question is based on general principles contained in the following: Universal Declaration of Human Rights (1948), Article 20 and 23(4); International Covenant on Civil and Political Rights (1966), Article 22; International Covenant on Economic, Social and Cultural Rights (1966), Article 8; ILO Collective Bargaining Convention (C154, 1981), Article 5 (2); Article 8; ILO Workers Representatives Convention (C135, 1973), Articles 1 and 2; Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (1977), Articles 48, 49, 50, 51 and 52. IFC Performance Standard 2: Labor and Working Conditions.

 

ANSWER THIS QUESTION

First answer the following indicators (step 1) and then the main question (step 2).

Step 1. Answer the following indicators:

The company has a commitment to recognise the rights of its workers to freedom of association and collective bargaining, including the right to freely form and/or join independent trade unions, and this commitment is clearly communicated to all employees.

The company recognises workers' organisations for collective bargaining purposes and has procedures in place to ensure regular collective bargaining with authorised worker representatives concerning all workplace related issues.

The company allows worker representatives access to collective bargaining agreements, company premises, employees and other relevant documentation needed to fulfil their duties.

The company prohibits discrimination or adverse actions against worker representatives or employees for participating or refraining to participate in lawful trade union activities.

The company has agreed with workers' representatives about the requirements of a fair hearing to be followed in relation to all disciplinary cases and employee grievances.

The company has a committee, with participation of employee-elected representatives, which is responsible for hearing, processing, and settling disciplinary cases and employee grievances.

Step 2. Answer the main question:

Does the company recognise the rights of its workers to freedom of association and to bargain collectively?

 

LA.1.b. Company-level representation

If independent trade unions are either discouraged or restricted, does the company enable workers to gather independently to discuss work-related problems?

ABOUT THIS QUESTION

In some countries, state law does not allow the right to unionise and bargain collectively, or only state-controlled organisations are allowed. Under such circumstances, the company still has an obligation to respect the right of its employees to take lawful steps to assemble and associate independently. The company should ensure that other forms of workers meetings and representation are accommodated, to the extent permitted under local law.

The question applies to workers directly engaged by the company and workers engaged through third parties to perform work related to core business processes for a substantial duration (contracted workers operating within company premises).

The question relates to the right to peaceful assembly and freedom of association. The question is based on general principles contained in the following: Universal Declaration of Human Rights (1948), Article 20 and 23(4); International Covenant on Civil and Political Rights (1966), Article 21 and 22; International Covenant on Economic, Social and Cultural Rights (1966), Article 8 (1c); Convention on the Protection of All Migrant Workers and Members of Their Families (1997), Articles 26(a) and 40; ILO Freedom of Association and Protection of the Right to Organise Convention (C87, 1948) Articles 2, 3, 4 and 5; ILO Right to Organise and Collective Bargaining (C98, 1949), Articles 1, 3 and 4; ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (1977), Articles 41, 42, 43 and 57]. IFC Performance Standard 2: Labor and Working Conditions.

ANSWER THIS QUESTION

First answer the following indicators (step 1) and then the main question (step 2).

Step 1. Answer the following indicators:

The company allows employees to engage in regular employee-only meetings within normal working hours, where employees can discuss concerns regarding working conditions.

Where allowed by local legislation, and if independent trade unions are not present, the company informs employees of their right to form independent collective representation at the workplace.

Where allowed by local legislation, the company informs workers of their right to engage in regular collective bargaining concerning all workplace issues.

Company management meets regularly with worker representatives to discuss work-related problems and any concerns/complaints employees may wish to raise.

If independent trade unions are either discouraged or restricted, does the company enable workers to gather independently to discuss work-related problems?

 
  • Next set of questions
  • Previous set of questions
  • Download tool
  • Print
  • Help

    TO ANSWER THE QUESTIONS

     

    1. Select a question

    2. Click "Answer this question"

    3. Answer the indicators

    4. Answer the main question

     

     

    ANSWER CATEGORIES

     

    Yes/No

    -if you agree or disagree


    F/A (further attention)

    - if you don't know the answer


    N/A (not applicable)

    - if it's not relevant to your business

     

     

    FOLLOW-UP REPORT

     

    Click on "Export to Excel" to generate a follow-up report or work off-line.

     

     

    FOR MORE HELP

     

    Click on "Get Started" in the menu bar