Assignment
Topic – INTERNATIONAL LABOUR STANDARDS ON
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING
Name- Manmeet Kaur
Program- BBA LLB (Hons)
Batch Year- 2022-2027
Enrolment No.- A3221522033
Course name- International Labour Organisation and Labour Laws
(LAW441)
Faculty Name- Dr. Neha
Date of Submission- 14th March 2026
1
INTRODUCTION
Freedom of association and the right to collective bargaining are widely regarded
as foundational labour rights within the framework of international labour law.
These rights enable workers and employers to organize themselves into
representative bodies and to negotiate collectively on matters relating to wages,
working conditions, social security, and other employment-related issues. The
recognition and protection of these rights are essential for promoting industrial
democracy, ensuring social justice, and maintaining balanced labour relations
within modern economies. The protection of these rights has been a central
objective of the International Labour Organization (ILO), which was established in
1919 as part of the Treaty of Versailles with the aim of promoting social justice
and improving labour conditions worldwide. The ILO functions as a specialized
agency of the United Nations and operates through a unique tripartite structure that
includes representatives of governments, employers, and workers. Through
international conventions, recommendations, and supervisory mechanisms, the
ILO develops international labour standards intended to safeguard the rights and
dignity of workers across different jurisdictions.1 Freedom of association allows
workers and employers to establish and join organizations of their own choosing
without prior authorization from public authorities. This principle ensures that
workers can collectively represent their interests through trade unions and engage
in activities aimed at protecting their economic and social welfare. Collective
bargaining, closely linked with freedom of association, refers to the process
through which workers’ organizations and employers negotiate employment
conditions and resolve industrial disputes through collective agreements. Together,
these rights serve as enabling rights because they provide workers with the
institutional means to secure other labour protections, including fair wages, safe
working conditions, and protection against exploitation. International labour
standards concerning these rights are primarily embodied in two fundamental
conventions adopted by the International Labour Organization: the Freedom of
Association and Protection of the Right to Organise Convention, 1948
(Convention No. 87), and the Right to Organise and Collective Bargaining
Convention, 1949 (Convention No. 98). These conventions establish the legal
1
International Labour Organization, Constitution of the International Labour Organization, 1919.
2
framework for protecting trade union rights and promoting voluntary collective
bargaining between employers and workers’ organizations. 2 Both conventions are
recognized as part of the eight fundamental conventions identified under the ILO
Declaration on Fundamental Principles and Rights at Work, adopted in 1998. The
declaration affirms that all member states of the ILO, regardless of whether they
have ratified these conventions, have an obligation arising from membership in the
organization to respect, promote, and realize the principles of freedom of
association and the effective recognition of the right to collective bargaining. 3 In
the contemporary global economy, these rights play a crucial role in addressing
challenges posed by globalization, changing labour markets, and the expansion of
informal and platform-based employment. The effective implementation of
international labour standards on freedom of association and collective bargaining
remains essential for achieving decent work, equitable economic growth, and
sustainable development.
CONCEPT OF FREEDOM OF ASSOCIATION AND
COLLECTIVE BARGAINING
Freedom of association and collective bargaining are fundamental principles of
international labour law and are widely recognized as essential elements of
democratic labour relations. These rights enable workers and employers to
organize collectively, represent their interests, and participate in negotiations
concerning employment conditions.4 Within the framework of international labour
standards developed by the International Labour Organization (ILO), these rights
are considered enabling rights because they provide workers with the institutional
mechanisms necessary to secure other labour protections.5
The recognition of these principles reflects the broader objective of international
labour law to promote social justice, fair working conditions, and balanced
2
International Labour Organization, Freedom of Association and Protection of the Right to
Organise Convention, Convention No. 87 (1948); International Labour Organization, Right to
Organise and Collective Bargaining Convention, Convention No. 98 (1949).
3
International Labour Organization, ILO Declaration on Fundamental Principles and Rights at
Work, June 18, 1998.
4
International Labour Organization, Freedom of Association, ILO, [Link]
5
International Labour Organization, ILO Declaration on Fundamental Principles and Rights at
Work, June 18, 1998.
3
industrial relations. Freedom of association ensures that workers and employers
can establish organizations to represent their interests, while collective bargaining
provides a mechanism for resolving labour disputes and determining employment
conditions through negotiation rather than unilateral decision-making.6
Freedom of Association
Freedom of association refers to the right of workers and employers to
establish and join organizations of their own choosing without prior
authorization from public authorities7. This principle is central to
democratic labour relations because it allows individuals to collectively
represent their economic and social interests through organizations such as
trade unions and employers’ associations. Under international labour
standards, freedom of association includes not only the right to form
organizations but also the right of those organizations to operate freely and
independently. Workers’ and employers’ organizations must have the
autonomy to determine their own internal structures, formulate their rules
and policies, elect their representatives, and carry out their activities
without interference from governments or employers.8 The essential
elements of freedom of association under international labour law include:
Right to Establish Organizations- Workers and employers have
the right to form and join organizations of their own choosing in
order to promote and defend their interests.9
Organizational Autonomy- Trade unions and employers’
associations must have the freedom to draft their constitutions, elect
representatives, and organize their administration and activities.10
Freedom from State Interference- Public authorities must refrain
from any interference that restricts or impedes the lawful exercise
of freedom of association.11
6
Brian Bercusson, International Labour Law 112–115 (2009)
7
International Labour Organization, Freedom of Association and Protection of the Right to
Organise Convention, Convention No. 87, art. 2 (1948)
8
Id. art. 3.
9
Id. art. 2.
10
Id. art. 3
11
Id. art. 4.
4
Protection Against Anti-Union Discrimination- Workers should
not face dismissal, discrimination, or retaliation because of their
union membership or participation in union activities.12
Freedom of association is also recognized as a fundamental human right
under several international human rights instruments. Article 23(4) of the
Universal Declaration of Human Rights affirms that everyone has the right
to form and join trade unions for the protection of their interests. 13
Similarly, Article 22 of the International Covenant on Civil and Political
Rights recognizes the right to freedom of association, including the right to
form and join trade unions.14 The International Covenant on Economic,
Social and Cultural Rights further reinforces this principle by recognizing
trade union rights under Article 8.15 These international instruments
collectively emphasize that the ability of workers to organize and act
collectively is essential for protecting labour rights and ensuring equitable
employment conditions.
Collective Bargaining
Collective bargaining refers to the process of negotiation between
employers or employers’ organizations and workers’ representatives,
typically trade unions, concerning the terms and conditions of
employment.16 It is an essential mechanism through which labour relations
are regulated and disputes are resolved through dialogue and negotiation
rather than conflict. Through collective bargaining, workers are able to
negotiate issues such as wages, working hours, occupational safety, job
security, benefits, and other employment conditions. Collective agreements
reached through this process often become binding instruments that
regulate the relationship between employers and employees within a
particular enterprise or industry.17 The collective bargaining process
generally involves several stages:
12
International Labour Organization, Right to Organise and Collective Bargaining Convention,
Convention No. 98, art. 1 (1949).
13
International Labour Organization, Right to Organise and Collective Bargaining Convention,
Convention No. 98, art. 1 (1949).
14
Universal Declaration of Human Rights art. 23(4), Dec. 10, 1948
15
International Covenant on Civil and Political Rights art. 22, Dec. 16, 1966.
16
International Covenant on Economic, Social and Cultural Rights art. 8, Dec. 16, 1966.
17
International Covenant on Economic, Social and Cultural Rights art. 8, Dec. 16, 1966.
5
Representation of Workers- Workers are represented by trade
unions or other representative organizations that act on their behalf
during negotiations.
Negotiation Between Parties- Employers and workers’
representatives engage in discussions and negotiations to determine
mutually acceptable employment conditions.
Conclusion of Collective Agreements- The negotiations may
result in a collective agreement that establishes the terms governing
employment relations within a workplace or sector.
Collective bargaining serves several important functions within labour
relations. It helps to balance the inherent inequality of bargaining power
between individual workers and employers.18 It also promotes industrial
peace by providing a structured mechanism for resolving disputes and
addressing workplace concerns. Furthermore, collective bargaining
contributes to improved labour standards and enhanced economic
productivity by fostering cooperation between employers and workers. In
international labour law, the right to collective bargaining is closely linked
with freedom of association, as effective collective bargaining can only
occur where workers are able to organize freely and act collectively
through representative organizations.19
INTERNATIONAL LABOUR STANDARDS ON FREEDOM OF
ASSOCIATION
ILO Convention No. 87 (1948)
The Freedom of Association and Protection of the Right to Organise
Convention, 1948 (Convention No. 87) is one of the most significant
international instruments concerning labour rights and trade union
freedoms.20 It establishes the fundamental principles governing the right of
18
International Labour Organization, Right to Organise and Collective Bargaining Convention,
Convention No. 98, art. 4 (1949).
19
International Labour Organization, Freedom of Association and Collective Bargaining, ILO
Handbook (2006).
20
International Labour Organization, Freedom of Association and Protection of the Right to
Organise Convention, Convention No. 87 (July 9, 1948).
6
workers and employers to organize collectively and ensures that these
organizations can function independently without undue interference.
The Convention recognizes the right of workers and employers to establish
and join organizations of their own choosing without prior authorization
from public authorities.21 It also emphasizes the autonomy of these
organizations and protects them from interference by governments or
employers.
Convention No. 87 was adopted by the International Labour Organization
in 1948 and entered into force on July 4, 1950. 22 It is considered one of the
eight fundamental conventions of the ILO and has been ratified by more
than 150 countries, reflecting its universal importance in international
labour law.23
Article 2- Article 2 of Convention No. 87 provides that workers and
employers have the right to establish and join organizations of their own
choosing without prior authorization.24 This provision forms the
cornerstone of the principle of freedom of association.
Article 3- Article 3 guarantees the autonomy of workers’ and employers’
organizations by granting them the right to draw up their constitutions and
rules, elect their representatives freely, organize their administration, and
formulate their programs without interference.25
Article 4- Article 4 provides that workers’ and employers’ organizations
shall not be liable to be dissolved or suspended by administrative
authority.26 This provision protects trade unions from arbitrary dissolution
by governments.
Article 5- Article 5 recognizes the right of workers’ and employers’
organizations to establish federations and confederations and to affiliate
with international organizations of workers and employers. 27 This ensures
that labour organizations can cooperate at national and international levels.
21
Id. art. 2
22
International Labour Organization, Convention No. 87 – Entry into Force, ILO Normlex Database.
23
International Labour Organization, Fundamental Conventions, ILO.
24
Convention No. 87, supra note 1, art. 2.
25
Id. art. 3
26
Id. art. 4
27
Id. art. 5
7
Article 11- Article 11 imposes an obligation on member states to take all
necessary and appropriate measures to ensure that workers and employers
are able to exercise their right to freedom of association effectively.28
Importance of Convention No. 87
Convention No. 87 establishes the foundational legal framework for the
protection of trade union freedoms at the international level. It guarantees
that workers and employers have the freedom to organize independently
and protects these organizations from interference by public authorities.
The convention is particularly important because it recognizes that
effective labour relations require independent and democratic workers’
organizations. By safeguarding the autonomy of trade unions, Convention
No. 87 promotes industrial democracy, social dialogue, and the protection
of workers’ economic and social interests.
Furthermore, the principles embodied in Convention No. 87 have
influenced national labour legislation in many countries and form the basis
for the ILO’s supervisory mechanisms relating to freedom of association.
RIGHT TO ORGANISE AND COLLECTIVE BARGAINING
CONVENTION (CONVENTION NO. 98)
The Right to Organise and Collective Bargaining Convention, 1949
(Convention No. 98) complements Convention No. 87 by focusing specifically on
the protection of trade union activities and the promotion of collective bargaining
between workers and employers.29 While Convention No. 87 establishes the
general principle of freedom of association, Convention No. 98 seeks to ensure
that these rights can be exercised effectively in the workplace without
discrimination or interference.
The Convention was adopted by the International Labour Organization in 1949
and entered into force on July 18, 1951.30 It is recognized as one of the eight
fundamental conventions of the International Labour Organization and forms a
28
Id. art. 11
29
International Labour Organization, Right to Organise and Collective Bargaining Convention,
Convention No. 98 (July 1, 1949).
30
International Labour Organization, Convention No. 98 – Entry into Force, ILO Normlex Database.
8
core component of international labour standards relating to industrial relations
and workers’ rights.31
Key Provisions
Article 1 – Protection Against Anti-Union Discrimination
Article 1 provides protection for workers against acts of anti-union discrimination
in employment. Workers must not be subjected to dismissal, prejudice, or
disadvantage because of their membership in a trade union or participation in
union activities.32 This provision ensures that workers are free to join unions
without fear of retaliation from employers.
Article 2 – Protection of Organizations
Article 2 safeguards the independence of workers’ and employers’ organizations
by prohibiting interference by either party in the establishment, functioning, or
administration of the other’s organizations. 33 This provision prevents employers
from dominating or controlling workers’ organizations and ensures genuine
independence of trade unions.
Article 3 – Enforcement Mechanisms
Article 3 requires member states to establish appropriate institutions and
mechanisms to ensure the effective implementation of the protections provided
under the Convention.34 These mechanisms may include labour inspection systems,
administrative bodies, or judicial procedures capable of addressing violations of
trade union rights.
Article 4 – Promotion of Collective Bargaining
Article 4 obligates member states to take measures appropriate to national
conditions in order to encourage and promote voluntary negotiations between
employers or employers’ organizations and workers’ organizations. 35 The objective
31
International Labour Organization, ILO Declaration on Fundamental Principles and Rights at
Work, June 18, 1998.
32
Convention No. 98, supra note 1, art. 1.
33
Id. art. 2.
34
Id. art. 3
35
Id. art. 4
9
of these negotiations is to regulate terms and conditions of employment through
collective agreements.
Significance of Convention No. 98
Convention No. 98 plays a crucial role in strengthening labour relations by
ensuring that workers are able to organize and bargain collectively without fear of
discrimination or employer interference. By protecting workers against anti-union
practices and promoting voluntary collective bargaining, the Convention helps
establish a fair and balanced system of industrial relations.
Furthermore, Convention No. 98 reinforces the principles of industrial democracy
by encouraging dialogue between employers and workers’ organizations. It also
contributes to improved labour standards, reduced industrial conflicts, and the
promotion of social justice in the workplace.
ILO SUPERVISORY MECHANISMS
To ensure compliance with international labour standards, the International Labour
Organization (ILO) has developed a comprehensive supervisory system. This
system is designed to monitor the implementation of international labour
conventions and ensure that member states fulfill their obligations under ratified
instruments.36 The supervisory mechanism of the ILO is considered one of the
most advanced systems of international monitoring because it combines regular
reporting procedures with complaint-based mechanisms.
Committee on Freedom of Association- The Committee on Freedom of
Association (CFA) was established by the International Labour
Organization in 1951 to examine complaints concerning violations of
freedom of association.37 The Committee plays a crucial role in
safeguarding trade union rights at the international level. One of the most
distinctive features of the CFA is that it can examine complaints even when
the country concerned has not ratified the relevant conventions, particularly
36
International Labour Organization, International Labour Standards: A Global Approach, ILO
Publications.
37
International Labour Organization, Committee on Freedom of Association, ILO Governing Body
(1951)
10
Convention No. 87 and Convention No. 98. 38 This reflects the recognition
of freedom of association as a fundamental principle of the ILO. The
Committee is composed of representatives from governments, employers,
and workers, thereby reflecting the tripartite structure of the ILO. After
examining complaints, the Committee may make recommendations to
governments and report its findings to the ILO Governing Body.
Regular Reporting System- Another important supervisory mechanism of
the ILO is the regular reporting system. Under this system, member states
that have ratified ILO conventions are required to submit periodic reports
detailing the measures they have taken to implement the provisions of
those conventions.39 These reports are examined by the Committee of
Experts on the Application of Conventions and Recommendations
(CEACR), an independent body composed of legal experts in labour law.40
The Committee evaluates whether national laws and practices comply with
the obligations arising from ratified conventions and issues observations
and recommendations where necessary. This reporting system plays an
essential role in promoting transparency and encouraging governments to
align their labour laws with international standards.
Complaint Procedures- In addition to regular reporting, the ILO also
provides formal complaint procedures through which violations of
international labour standards may be addressed. Trade unions, employers’
organizations, and governments may file complaints alleging that a
member state has failed to comply with the obligations arising from ratified
conventions.41 Once a complaint is received, the ILO may initiate an
investigation through its supervisory bodies and examine the allegations in
detail. If violations are identified, the organization may issue
recommendations to the concerned government and encourage corrective
measures. These procedures strengthen the enforcement of international
labour standards by providing a mechanism through which workers’ and
employers’ organizations can raise concerns at the international level.
38
International Labour Organization, Freedom of Association: Compilation of Decisions of the
Committee on Freedom of Association (6th ed. 2018).
39
International Labour Organization Constitution art. 22.
40
International Labour Organization, Committee of Experts on the Application of Conventions and
Recommendations, ILO.
41
International Labour Organization Constitution arts. 24–26.
11
IMPORTANCE OF FREEDOM OF ASSOCIATION AND
COLLECTIVE BARGAINING
Freedom of association and collective bargaining are widely regarded as
fundamental pillars of international labour law. These rights are often
described as “enabling rights” because they provide workers with the
institutional means to secure other labour protections, including fair wages,
safe working conditions, and social security benefits.42 Through collective
representation and negotiation, workers are able to influence workplace
policies and safeguard their economic and social interests. The importance of
these rights can be understood through several dimensions.
Industrial Democracy- Freedom of association promotes democratic
participation within the workplace. By forming trade unions and
representative organizations, workers gain a collective voice in decisions
that affect their employment conditions.43 This participation encourages
dialogue between employers and workers and strengthens the concept of
industrial democracy.
Protection Against Exploitation- Collective bargaining helps to reduce
the imbalance of power that typically exists between employers and
individual workers. Employers often possess greater economic resources
and negotiating power, whereas individual workers may lack the capacity
to negotiate fair employment terms on their own. Through collective
bargaining, workers can negotiate wages, working hours, benefits, and
other employment conditions on a more equal footing.44
Economic Stability- Collective agreements negotiated through collective
bargaining contribute to stable industrial relations. By establishing clear
employment conditions and dispute-resolution mechanisms, these
42
International Labour Organization, ILO Declaration on Fundamental Principles and Rights at
Work, June 18, 1998.
43
International Labour Organization, Freedom of Association: Digest of Decisions of the
Committee on Freedom of Association (6th ed. 2018).
44
International Labour Organization, Right to Organise and Collective Bargaining Convention,
Convention No. 98 (1949).
12
agreements help prevent labour conflicts and strikes.45 Stable labour
relations, in turn, contribute to increased productivity, economic growth,
and sustainable development.
Human Rights Protection- Freedom of association is widely recognized
as a fundamental human right and a core element of democratic societies.
The right to form and join trade unions is protected under several
international human rights instruments, including the Universal Declaration
of Human Rights and the International Covenant on Civil and Political
Rights.46 These protections reflect the global recognition that the ability of
workers to organize collectively is essential for safeguarding dignity,
equality, and justice in the workplace.
CONCLUSION
Freedom of association and the right to collective bargaining constitute two of the
most essential principles of international labour law and form the foundation of
democratic labour relations across the world. These rights empower workers and
employers to organize themselves into representative bodies and participate in
negotiations that determine the terms and conditions of employment. By enabling
workers to act collectively, these rights address the inherent imbalance of power
that often exists between employers and individual workers and ensure that labour
relations are governed by fairness, dialogue, and mutual respect.
The International Labour Organization has played a central role in developing and
promoting these rights through international labour standards. In particular, the
Freedom of Association and Protection of the Right to Organise Convention, 1948
(Convention No. 87), and the Right to Organise and Collective Bargaining
Convention, 1949 (Convention No. 98), establish the legal framework that
guarantees workers and employers the freedom to form organizations and engage
in collective negotiations. These conventions not only define the rights of workers
45
International Labour Organization, Collective Bargaining in the 21st Century, ILO Publications
(2019).
46
Universal Declaration of Human Rights art. 23(4), Dec. 10, 1948; International Covenant on Civil
and Political Rights art. 22, Dec. 16, 1966.
13
and employers but also impose obligations on member states to protect these rights
through appropriate legislative, administrative, and institutional measures. The
supervisory mechanisms of the ILO, including the Committee on Freedom of
Association, the Committee of Experts on the Application of Conventions and
Recommendations, and various complaint procedures, further strengthen the
enforcement of these standards at the international level. Through these
mechanisms, the ILO monitors the implementation of conventions and encourages
governments to align their domestic labour laws with internationally recognized
principles. The importance of freedom of association and collective bargaining
extends beyond labour relations. These rights promote industrial democracy,
protect workers from exploitation, contribute to economic stability, and reinforce
the broader framework of international human rights. In an increasingly globalized
economy characterized by evolving employment relationships, including informal
work and digital platform labour, the protection of these rights becomes even more
significant. Despite the progress achieved through international labour standards,
challenges remain in ensuring their effective implementation in many parts of the
world. Restrictions on trade union activities, anti-union discrimination, and weak
enforcement mechanisms continue to hinder the realization of these rights.
Therefore, governments, employers, and workers’ organizations must work
collectively to strengthen labour institutions and promote genuine social dialogue.
In conclusion, the protection of freedom of association and collective bargaining
remains indispensable for achieving social justice, equitable economic
development, and sustainable labour relations. The continued commitment of the
international community to these principles is essential for ensuring that workers
across the world are able to exercise their rights freely and participate
meaningfully in shaping the conditions of their work.
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