Compilation of decisions of the Committee on Freedom of Association

Right of workers and employers, without distinction whatsoever, to establish and to join organizations3

Distinctions based on occupational category

Managerial and supervisory staff

1. It is not necessarily incompatible with the requirements of Article 2 of Convention No. 87 to deny managerial or supervisory employees the right to belong to the same trade unions as other workers, on condition that two requirements are met: first, that such workers have the right to establish their own associations to defend their interests and, second, that the categories of such staff are not defined so broadly as to weaken the organizations of other workers in the enterprise or branch of activity by depriving them of a substantial proportion of their present or potential membership.

1. As regards provisions which prohibit supervisory employees from joining workers organizations, the Committee has taken the view that the expression supervisors should be limited to cover only those persons who genuinely represent the interests of employers.

1. Limiting the definition of managerial staff to persons who have the authority to appoint or dismiss is sufficiently restrictive to meet the condition that these categories of staff are not defined too broadly.

1. A reference in the definition of managerial staff to the exercise of disciplinary control over workers could give rise to an expansive interpretation which would exclude large numbers of workers from workers rights.

1. An excessively broad interpretation of the concept of worker of confidence, which denies such workers their right of association, may seriously limit trade union rights and even, in small enterprises, prevent the establishment of trade unions, which is contrary to the principle of freedom of association.

1. Legal provisions which permit employers to undermine workers organizations through artificial promotions of workers constitute a violation of the principles of freedom of association.