In a memorandum to embassies on the reports, the State Department instructs those who prepare the report to first note all ILO, GSP, and CIPO cases that may relate to freedom of association in the country, as well as information contained in reports from ICFTU and other NGOs (U.S. Department of State, 2001). 15 general questions (with sub-questions) on association rights, organization and negotiating rights are then asked, which must be answered, with explicit reinforcements. Example: a union refuses to hire a special education to house a student with an apprenticeship disability because the person is not part of the bargaining unit. If the union is unable to demonstrate that hiring on the basis of one of the three elements mentioned above will cause unreasonable harshness, a disruption of the collective agreement is not sufficient to justify unreasonable harshness. The Ministry of Foreign Affairs` annual national reports on human rights practices address workers` rights in section 6 and provide a valuable source of information for indicators A-1 to A-21, B-1 to B-13 and C-1 to C-4. As stated in Chapter 1, an environment of democracy, freedom of expression and expression, and respect for civil liberties, including the right of assembly, is essential for the exercise of freedom of association and the effective recognition of the right to collective bargaining. This chapter examines the first of the four core labour standards, freedom of association and the effective recognition of the right to collective bargaining. The Committee focuses on the issues arising from the examination of Conventions Nos. 87 and 87. 98 by the ILO and in the 1998 Declaration on Fundamental Principles and Rights at Work, and reinforces particularly difficult, controversial or novel issues on the basis of its definitions. The chapter opens with a discussion on the complexity and challenges of defining freedom of association and effectively recognizing the right to collective bargaining. The assessment of a country`s compliance is then reviewed on the basis of the three sets of indicators presented by the Committee: legal framework, government performance and overall results.
The chapter then discusses the main sources of information for monitoring compliance with this standard. The final part presents the conclusions and recommendations of the committee on the evaluation of compliance and sources of information. A-10. whether collective bargaining is protected by law; Previously, ICFTU reports were deficient and very different from the quality of the reports (Compa, 2002). Sometimes they were more argumentative than informative. Recently, reports have become more coherent, more in-depth and passionless, allowing readers to draw their own conclusions from the facts. Trade unionists` reports always contain trade unionists` reports on what they consider to be violations of their rights in a given year in a given country and, in this sense, they are by nature unilateral. Many laws exclude, for example, agricultural workers from freedom of association and the right to collective bargaining, and some countries restrict or prohibit public sector employees from organizing or negotiating collective agreements. Some countries exclude domestic workers or other workers who do not work under employment contracts.4 “Sympathy strikes” or “protest strikes”) or strikes under certain conditions (e.g.B.
during an “economic crisis”) 8 Some laws limit strike-related actions (e.g. B strike posts or occupation of the workplace) 9, while other laws may allow employers to dismiss striking workers and recruit permanent replacements. 10 Other laws may restrict the rights of trade union members to ratify or hold employment10 Other laws may restrict the rights of trade union members to ratify or hold the position of employment. Finally, legal provisions may restrict the training of ngOs of salaried lawyers or the participation of external trade union representatives, worker-oriented NGOs or observers of compliance with the investigation and reporting of labour practices. . . .