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Base Code clause 2: Freedom of association

2.1 Workers, without distinction, have the right to join or form trade unions of their own choosing and to bargain collectively.

2.2 The employer adopts an open attitude towards the activities of trade unions and their organisational activities.

2.3 Workers' representatives are not discriminated against and have access to carry out their representative functions in the workplace.

2.4 Where the right to freedom of association and collective bargaining is restricted under law, the employer facilitates, and does not hinder, the development of parallel means for independent and free association and bargaining.

ETI resources

  • FOA & worker representation: company guidance
  • Implementing freedom of association - a five step plan
  • Benefits of working with trade unions
  • Entry points to worker representation
  • Freedom of Association briefing

Other online resources

  • IndustriALL Global Union
  • International Union of Food Workers (IUF)
  • Trades Union Congress (TUC)
  • International Trade Union Confederation (ITUC)

Relevant ILO conventions

C87 - Freedom of Association and Protection of the Right to Organise Convention, 1948

The right of workers to join a trade union of their choice is a key principle for the ILO and is enshrined in this Convention. The right to freedom of association also includes the right to independence from government and employer interference and the right for trade unions to elect officials and organise their own affairs. Freedom of association has also been held to cover (with some exceptions for the public sector and emergency situations) the right to strike.

C98 - Right to Organise and Collective Bargaining Convention, 1949

This Convention provides for protection against anti-union discrimination, for protection of workers' and employers' organisations against acts of interference by each other, and for measures to promote and encourage collective bargaining.

Also relevant:

  • C135 - Workers' Representatives Convention, 1971
  • R143 - Workers' Representatives Recommendation, 1971
  • C154 - Collective Bargaining Convention, 1981

Main menu (sub nav)

  • Base Code overview
  • Base Code clause 1: Employment is freely chosen
  • Base Code clause 2: Freedom of association
  • Base Code clause 3: Working conditions are safe and hygienic
  • Base Code clause 4: Child labour shall not be used
  • Base Code clause 5: Living wages are paid
  • Base Code clause 6: Working hours are not excessive
  • Base Code clause 7: No discrimination is practiced
  • Base Code clause 8: Regular employment is provided
  • Base Code clause 9: No harsh or inhumane treatment is allowed

Related content

  • Why trade unions are a good thing
  • China’s rising tide of strikes
  • Can mobile phones improve workers’ rights?
  • Why living wages need collective bargaining
  • Are G20 business and human rights commitments worth the paper they’re printed on?
  • Workers’ Memorial Day: As we remember the dead, unions continue to fight for the living

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