ITUC INTERNATIONAL TRADE UNION CONFEDERATION CSI CONFÉDÉRATION SYNDICALE INTERNATIONALE CSI CONFEDERACIÓN SINDICAL INTERNACIONAL IGB INTERNATIONALER GEWERKSCHAFTSBUND Bd. du Roi Albert II, 5, Bte 1, B 1210 Bruxelles Belgique Tel. +32 (0) 2224 0211 Fax +32 (0) 2201 5815 E-mail info@ituc-csi.org http://www.ituc-csi.org SHARAN BURROW PRESIDENT PRÉSIDENTE PRÄSIDENTIN PRESIDENTA GUY RYDER GENERAL SECRETARY SECRÉTAIRE GÉNÉRAL GENERALSEKRETÄR SECRETARIO GENERAL In reply please quote: Circular N 4(2006) To all affiliated organisations To all Global Union Federations For information: To all General Council Members TUR/SH 30 November 2006 Annual Survey of Violations of Trade Union Rights - Appeal for Information Dear Friends, The ITUC intends to continue producing the Annual Survey of Violations of Trade Union Rights*, previously produced by the ICFTU. To do so we urgently need your valuable cooperation. Most affiliates agree on the importance of the Survey, but regrettably few find the time to respond to our appeals for information. To help you in this process we enclose a simple questionnaire. Kindly complete the questionnaire and return it to the ITUC, by the end of 2006 if possible and by 15 January 2007 at the latest. Replies should be sent by e-mail to turights@ituc-csi.org cc sara.hammerton@ituc-csi.org with the word Survey clearly marked in the subject line. Alternatively, if your country is already in the Survey, please consult the entry in the 2006 edition http://www.icftu.org/survey2006.asp?language=en and update accordingly. We also enclose a reporting form on trade union rights violations. We would greatly appreciate it if you could circulate this reporting form to your own affiliates, asking them to reply by the beginning of January 2007. Replies should preferably be sent electronically to the national centre, and then forwarded to turights@ituc-csi.org. You may use the model letter attached to help you in this process. We cannot stress enough how vital the assistance of our affiliated organisations is in ensuring a reliably sourced, comprehensive and timely annual survey. Yours sincerely Encl: Questionnaire Reporting form Model letter General Secretary * The Survey is an annual report that was produced by the former ICFTU from 1983 until the present day. The 2006 edition (published in June 2006 and covering the year 2005) covered 137 countries worldwide, describing how those countries violate the most basic of trade union rights, namely the right to form and join trade unions and the right to collective bargaining, as enshrined in ILO Conventions 87 and 98. The Survey examines violations in law and in general practice, and then lists specific cases of violations that have been reported during the year under review. It is available in print and on CD-Rom (while stocks last) on request, and can be found on the former ICFTU website http://www.icftu.org/survey2006.asp?language=en.
QUESTIONNAIRE INFORMATION FOR INCLUSION IN THE ITUC s ANNUAL SURVEY OF VIOLATIONS OF TRADE UNION RIGHTS Legislation Kindly check that the information on your country in the most recent edition of the Survey is up to date (if your country is included), or answer as many of the following questions as you are able. 1. Legal requirements for forming a union What are the legal requirements for the formation and legal recognition of a union e.g. minimum number of union members, submission of a list of the union leaders to the relevant authorities, etc.? 2. Prohibition on forming a union i. What industries or sectors are prohibited from forming a union in law? ii. Are specific groups of industries, such as export processing zones, exempt from laws allowing for the formation from trade unions? iii. Are any specific professions or posts (such as managerial) exempted in law from the right to form a trade union? Please specify iv. Are non-nationals/migrant workers prohibited in law from joining a union or from holding union office? 3. Collective bargaining in law i. Is the right to collective bargaining enshrined in law? ii. Are there any laws, such as those promoting individual agreements, that undermine the right to collective bargaining? Please specify. 4. Restrictions on collective bargaining i. Please state any sectors/industries professions or functions where workers are prohibited by law from bargaining collectively. ii. Please state any limitations on the validity and scope of collective agreements (e.g. on the grounds that they would jeopardise the economic interests of the country) iii. Are there any other restrictions, such as the requirement of government approval for a collective agreement? 5. Restrictions on other union activities Are there any other legal restrictions on trade union activities such as: i. Restrictions on union access to the work place ii. Restrictions on the holding of union meetings, such as the requirement of prior government or police approval iii. Other (please specify) iv. 6. Right to strike/dispute settlement What are the provisions in law for the settlement of industrial disputes? Is the right to strike enshrined in law?
- 2-7. Restrictions on the right to strike Please detail any legal restrictions on the right to strike such as: i. Strict prohibition of strikes ii. Ban on strikes in certain sectors iii. Excessively long list of essential services iv. Excessive quorum requirements for a strike ballot v. restrictions on the grounds for striking vi. Bans on certain types of strikes (e.g. solidarity strikes). vii. Liability for damages caused by strike action viii. Other (please specify) 8. Legal redress What legal action may a union take to counter illegal anti-union action by an employer? 9. General Practice What general trends, if any, have you observed, in terms of anti-union practices such as: i. Employers breaking up the workplace into small units so that the number of employees falls below the minimum number for union membership required in law ii. Employers spreading anti-union propaganda iii. Intimidation of union members by the employers or the public authorities iv. Generalised use of union busting techniques, and the hiring of union busting professionals v. Dismissal, demotion, promotion (to managerial status), or relocation of union officials vi. Refusal to allow unions entry to the workplace vii. Harsh repression of trade unionists during strikes and demonstrations 10. Cases of violations of trade union rights during the year under review Please describe any cases of violations of the rights of individual trade union members, directly related to their trade union activities, such as: Murders, attempted murders and similar attacks Injuries, beatings or torture Arrests, detentions and prison sentences Harassment and threats, including death threats Abusive transfers, demotions or dismissals of unionists Please describe any cases of violations of collective trade union rights during the year under review such as: Government or employer interference in trade union activities including denial of union registration/ refusal to grant legal personality Attacks on, searches or seizure of trade union property such as vehicles, buildings or other assets Repression of strikes, union meetings or other activities Surveillance of union members, premises, electronic communications and correspondence Other (please specify) When describing cases, please give the names of the individuals and the unions concerned, as well as of the employer or the public authority involved as well as dates and any other relevant detail. It is important to indicate wherever possible the gender of the victims. You may use the attached reporting form if you wish. Kindly use a new form for each case.
Reporting Format on Violations of Trade Union Rights 1 Name of your organisation 2 Type of Event (e.g. arrest of trade unionists / dismissal/ legislation to weaken collective bargaining/ disruption of union meeting/ physical attack) 3 Date Event Began Date Event Ended (if different) 4 Location of the Event (name of town, with exact place or full address if possible) 5 Description of the Event (A brief description with facts but not opinions, including a short history leading up to the event and the role of the authorities police, government officials etc. - where relevant. Attach separate pages if need be) 6 Type of Victim(s) a) Individual victim Occupation Union or other affiliation Name: Age: Male/Female: Dependents: Name of Spouse: b) Collective victim union or other group 7 Name of the person/company/authority responsible for the violation 8 Other remarks Date of report
MODEL LETTER FROM NATIONAL CENTRES TO THEIR AFFILIATES Survey of trade union rights violations Dear Friends, We have been asked by the ITUC to send them information on violations of trade union rights, that is the right to form and join trade unions without interference and the right to bargain collectively, as enshrined in ILO Conventions 87 and 98. If such cases do arise, you may well have reported to us in the past, to seek assistance. However, this information needs now to be collected in a systematic way, to be included in the next Annual Survey of Violations of Trade Union Rights (http://www.icftu.org/survey/) to be produced by the ITUC. Kindly therefore send us reports of cases, if any, where workers have been prevented from exercising their trade union rights, or have faced any form of harassment or intimidation for exercising those rights. This only concerns events that took place in the year 2006. You may use the attached reporting form if you wish. Please use one form per case, and send your replies to [YOUR ORGANISATION S E-MAIL ADDRESS] by the beginning of January 2007. Thank you for your cooperation. Yours sincerely, General Secretary/President Encl. Reporting Form