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FREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTREFREEDOM OF ASSOCIATION PROGRAMME / TURIN CENTRE

FREEDOM OF ASSOCIATION PROGRAMME FREEDOM OF ASSOCIATION PROGRAMME

Turin Training CentreTurin Training Centre

Trade union training on ILS, ILO Declaration and Freedom of Trade union training on ILS, ILO Declaration and Freedom of AssociationAssociation

Asmara (Erythrea), 26-30 November 2007Asmara (Erythrea), 26-30 November 2007


Right of workers’ and employers’ organizations Right of workers’ and employers’ organizations to formulate their programmesto formulate their programmes (art. 3, C. 87)) (art. 3, C. 87))

Right of organizations to formulate their programmes include:

Right to hold meetings

Right to have access to the working place by trade union leaders with due respect for the rights of property and management

Right to communicate with management

Right to strike


Most visible form of collective action in the context of a labour dispute

The right to strikeThe right to strike

Even if not expressly mentioned in ILO Conventions on FOA, the right to strike is fully recognized and protected

Legitimate weapon of workers’ organizations in furtherance of their members’ interests


Forms of strikeForms of strike

Any work stoppage, however brief and limited, may generally be considered as a strike

Political strikes do not fall within the scope of FOA. However possible recourse to protest strikes

Sympathy strikes are lawful when the initial strike is lawful

Restrictions on strike pickets and workplace occupations should be limited to cases where the action ceases to be peaceful


The law may subordinate the exercise of the right to strike to certain prerequisites (reasonable criteria)

Prerequisites found to be acceptable:

Prerequisite not acceptable:

Decision by over half of all the workers involved A quorum requirement of two-thirds Compulsory arbitration before calling strike (when the

result is binding)

Take strike decisions by secret ballot Give prior notice to the employer before calling a strike Conciliation, mediation, voluntary arbitration


Compensatory guarantees should be provided for workers deprived of their right to strike

In cases of not essential services but of public utility, possible to establish a system of negotiated minimum service

Certain categories of workers can see their right to strike limited, even prohibited:

civil servants exercising authority in the name of the state

workers in essential services : services the interruption of which would endanger the life, the personal safety or health of the whole or part of the population

acute national crisis (limited period of time)

Workers coveredWorkers coveredWorkers coveredWorkers covered


Abuse of the right to strikeAbuse of the right to strike

Sanctions provided in national legislation in case of abuse are acceptable

FOA principles do not protect against abuse

All penalties should be proportionate to the offence or fault committed. No imprisonment for organizing or participating in a peaceful strike


Workers and their organization have an obligation to respect the law of the land

Intervention of the police in strike actionsIntervention of the police in strike actions

Intervention of security forces in strike situation should be limited strictly to the maintenance of public order and only if there is a serious threat to law and order

Necessary instruction should be given to competent authorities so as to avoid the danger of excessive violence in trying to control demonstrations that might undermine public order

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