1.1.4. Freedom of Association and Collective Bargaining
All workers have the right to establish and join organizations, elect their organizational leader, and develop their own rules and guidelines without interference or intimidation from the employer.
Workers also have the right to collective bargaining, which allows them to negotiate with their employer as a group for better working conditions or amendments to their terms of employment and pay.
Freedom to associate with those of one’s own choosing, to achieve common ends, is a precious, invaluable right, nowhere more valued than where it is denied.
To assess whether there is a risk of workers not being able to exercise this right, please be guided by the following indicators:
Guidance
Workers are free to form worker organizations, including trade unions, to advocate for and protect their rights, and have the right to decide their own structure, policies, programs, priorities, etc. without employer interference;
There are national laws protecting collective workers’ rights;
Human rights defenders are not actively suppressed;
There is no discrimination and action taken against workers who are members or leaders of organizations, unions or cooperatives;
The employer has a written policy (shared with workers in a language they can understand) that they respect the rights of workers to Freedom of Association and Collective Bargaining;
Workers are trained by workers’ organizations on their rights to organize and bargain collectively;
Women participate in unions commensurate with their representation in the workforce.
Additional Information
Freedom of Association
Workers’ rights to exercise lawful rights of free association, including joining or not joining any association must be recognized and respected.
Every employer must adopt an open attitude towards the activities of worker representative bodies and their organizational activities.
Employers do not interfere with workers’ legal rights to associate freely or to form/join unions and to bargain collectively
Workers are reasonably informed of their rights to associate freely and/or to form/join unions.
Collective Bargaining
Workers shall have the right to collective bargaining on matters of pay and working conditions. Where the right to freedom of association and collective bargaining is restricted under law, the employer facilitates, and does not hinder, the development of parallel means for independent and free association and bargaining.
Workers have the right to representation and discussion with the company on employment matters.
No Discrimination
Workers and worker representatives shall not be discriminated against and have access to carry out representative functions in the workplace.
Sample questions to guide you when assessing the Unit of Assessment against the standard:
Are your crew/workers allowed to form or join a union?
Are your crew/workers part of a union, collective bargaining agreement, cooperative, association or any other worker organization?
Have workers attempted to form a union or hold a demonstration or strike in the past?
What is the company’s policy on unions and workers’ freedom of association?
Do any women participate in your labor union, association, or cooperative?