Securing freedom of association

• DOI: https://doi.org/10.13169/instemplrighj.1.1.0039
• Published date: 01 January 2018
• Date: 01 January 2018
• Pages: 39-47

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A Manifesto for Labour Law

Securing freedom of association

The right to bargain collectively was dealt with in the section ‘Making col-

lective bargaining work’. Nevertheless, more needs to be said about the

collective dimension of labour law, in particular, freedom of association –

which encompasses the right to collective bargaining and other human

rights. Collective bargaining needs strong trade unions if it is to operate

effectively, and these trade unions need to have sufficient powers and

resources to enable them to perform the role which collective bargaining

requires. It is of great importance that the freedom of workers to form and

join trade unions is protected by law (international and domestic), along

with the right of trade unions to act on behalf of their members, in particu-

lar, and workers, in general.

International protection

The principle of freedom of association is set out in a number of ILO Conventions

ratified by the United Kingdom, including Convention 87 (The Freedom of

Association and Protection of the Right to Organise Convention, 1948) and

Convention 98 (The Right to Organise and Collective Bargaining Convention,

1949). The United Kingdom was the first State to ratify Convention 87, the

terms of which include,

Article 2

Workers and employers, without distinction whatsoever, shall have

the right to establish and, subject only to the rules of the organisation

concerned, to join organisations of their own choosing without previ-

ous authorisation.

Article 3

1. Workers’ and employers’ organisations shall have the right to

draw up their constitutions and rules, to elect their representa-

tives in full freedom, to organise their administration and activities

and to formulate their programmes.

2. The public authorities shall refrain from any interference which

would restrict this right or impede the lawful exercise thereof.