Compilation of decisions of the Committee on Freedom of Association

Right of organizations to organize their administration8

Financial administration of organizations

Union dues

1. Questions concerning the financing of trade union and employers organizations, as regards both their own budgets and those of federations and confederations, should be governed by the by-laws of the organizations, federations and confederations themselves, and therefore, constitutional or legal provisions which require contributions are incompatible with the principles of freedom of association.

1. The Committee expressed concern at a courts objection to the determination of the membership fee as a wage percentage and considered that this matter should be left to the union by-laws, including the expression of union dues in the form of a wage percentage.

1. The repartition of trade union dues among various trade union structures is a matter to be determined solely by the trade unions concerned.

1. The withdrawal of the check-off facility, which could lead to financial difficulties for trade union organizations, is not conducive to the development of harmonious industrial relations and should therefore be avoided.

1. Both legislation which imposes accreditation or proof of affiliation of members of the trade union for their union dues to be deducted from their wages, and legislation which stipulates that it suffices for a union to submit a list of members for the union dues to be deducted, are compatible with Conventions Nos. 87 and 135.

1. The requirement that workers confirm their trade union membership in writing in order to have their union dues deducted from their wages does not violate the principles of freedom of association.

1. The requirement of written consent for dues check-off would not be contrary to the principles of freedom of association.

1. The non-collection of union dues by the enterprise from non-unionized workers who have expressly indicated their wish not to pay those dues is compatible with the principles of freedom of association.

1. Workers should have the possibility of opting for deductions from their wages under the check-off system to be paid to trade union organizations of their choice, even if they are not the most representative.

1. The Committee has requested a Government to take the necessary steps to amend the legislation so that workers can opt for deductions from their wages under the check-off system to be paid to trade union organizations of their choice, even if they are not the most representative.

1. Information relating to the affiliation of workers to a trade union should be confidential, except of course in cases where trade union dues are deducted on payroll.

1. In a case in which the requirements for the deduction of trade union dues from wages included the provision of the workers identity document and her/his membership card, a list of members, an affidavit by the General-Secretary of the union stating the veracity of the list of members and the posting of the list on the employers website, the Committee considered that all these requirements combined to violate the principles of freedom of association and emphasizes that, for the deduction of trade union dues from wages, the enterprise should confine itself to requesting evidence of members affiliation and disaffiliation. Furthermore, the annual publication of the list of trade union members on the employers website is particularly unacceptable as it has nothing to do with the deduction of trade union dues and violates the privacy of union members.

1. In a case in which the authorities had not transferred to the trade union concerned the dues that had been deducted from the wages of public officials, the Committee considered that trade union dues do not belong to the authorities, nor are they public funds, but rather they are an amount on deposit that the authorities may not use for any reason other than to remit them to the organization concerned without delay.

1. When legislation admits trade union security clauses, such as the withholding of trade union dues from the wages of non-members benefiting from the conclusion of a collective agreement, those clauses should only take effect through collective agreements.

1. The deduction of trade union dues by employers and their transfer to trade unions is a matter which should be dealt with through collective bargaining between employers and all trade unions without legislative obstruction.

1. A considerable delay in the administration of justice with regard to the remittance of trade union dues withheld by an enterprise is tantamount in practice to a denial of justice.

1. A legal restriction on the amount which a federation may receive from the unions affiliated to it would appear to be contrary to the generally accepted principle that workers organizations shall have the right to organize their administration and activities and those of the federations which they form.

1. Particularly in transition countries, special measures, including tax deductions for trade union dues and membership dues of employers organizations, should be considered in order to ease the development of employers and workers organizations.

1. It is inconsistent with the principles of freedom of association to unilaterally extend the check-off facility to all staff without a collective agreement between the parties to that effect.