Principle 3
Understanding "freedom of association" and "collective bargaining"
What is "freedom of association"?
- Freedom of association implies a respect for the right of employers and workers to freely and voluntarily establish and join organisations of their own choice and these organisations have the right to carry out their activities in full freedom and without interference. Employers should not interfere in an employee's decision to associate, or discriminate against the employee or their representative.
- Freedom of association and collective bargaining involve employers and workers and their respective organisations freely discussing issues at work in order to reach agreements.
- Collective bargaining requires independent parties and thus representative organisations of workers (including trade unions). Trade unions in order to function require respect for various internationally recognized civil and political liberties including freedom of speech and assembly, freedom form arbitrary arrest and the right to be free of government interference (to name a few).
What is "collective bargaining"?
Governments are responsible for the creation of national industrial relations systems. Such systems may provide for a variety of different bargaining options. The obligation on states is to give effective recognition to the right to collective bargaining within its national system. Principle 3 of the Global Compact provides an opportunity for employers and workers and their representative organisations to explore the best means which may help realize the objectives of the Global Compact in a bargaining context.
- It refers to the process or activity leading up to the conclusion of a collective agreement. It is a voluntary process used to determine terms and conditions of work and the regulation of relations between employers, workers and their organisations.
- In order to ensure that workers seeking to bargain collectively can do so, governments are expected to establish an institutional or legal framework for industrial relations. The right of workers to form or join organisations in order to bargain collectively with their employer cannot be realised where the employer refuses to recognise the trade union or to bargain.
- Social partners (governments, employers’ and workers’ organisations) recognize that collective bargaining can only function effectively if it is conducted in good faith by both parties. The ‘principle of good faith’ in collective bargaining usually implies that the parties make every effort to reach an agreement, conduct genuine and constructive negotiations, and that they avoid unjustified delays in negotiations.