trade union freeedom and collective Flashcards
mention some international sources regarding the trade union freedom
ILO sources, Universal declaration of human rights, 1948 , art. 23 “everyone has the right to form and join trade unions..”, int. Covenant on civil and political rights of 1966, european convention for the protection of human rights and fund freedoms of 1950, art. 11 “ Everyone has the right to freedom of peaceful assembly and to freedom of
association with others, including the right to form and to join trade unions”.
Does art. 11 of the european convention for the protection of human rights and fund freedoms expressly recognise the right to strike?
no, it does not. However, within the european sources, the European Court of Human Rights believs that the right to strike is a corollart of the right to form and join trade unions.
which other rights are usually recognised together with the freedom to form and join trade unions ( as they are part of the protection of labour)?
the right to collective barganining and the right to strike
article 28 of the charter of fund rights of the EU, 2007, is important because it expressly recognise what?
it recognises the right of action ( strike) : the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action”
state the 11 ILO’s fund conventions
freedom of association and protection of the right to organise, right to organise and collective bargaining, forced labour, abolition of forced labour, minimum age, child labourt, equal remuneration, discrimination, occupational safety and health, promoting occupational safety and health convention (2006).
the ILO’s convention on freedom of asssociatioon and protection of the right to organise protects the positive freedom of association, does it also include the negative freedom ( to not join any trade union)?
no, it does not recognise a negative freedom.
what is a closed shop/ union shop / union security clause?
it’s a clause that allows only the members of a trade union to work in a particular sector ( no negative freedom recognised).
where can we find the closed shop clauses? In Italy or in UK?
in the Anglo-saxon countries
does the freedom of association and protection of the right to organise convention apply to the self-employed workers?
yes because in art.2 such convention states that it applies to all workers, without distinction whatsoever
do ILO sources expressly recognise the right to strike?
no, they do not. But the jurisprudence agree that it has to be considered an integral part of tradfe union freedom. Debated issue as legally is not binding but de facto it is recognised.
collective labour agreement and the favoris prestatoris, is the derogation in peius allowed? What about the in melius?
the collective agreement cannot be derogated in peius by the employment contract, only in melius, with more favourable conditions for the employee, hereby= favor prestatoris ( in favour of the lender of work)
what is the social dialogue / tripartite consultation?
the social dialogue is the participation of associations representing workers and employeers in the economic and social policies adopted by a country’s public authorities and its governmet.
