Compilation of decisions of the Committee on Freedom of Association

Protection against discrimination13

Organizations leaders and representatives

General principles

1. One of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures. This protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee has considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers organizations shall have the right to elect their representatives in full freedom.

1. The Committee has drawn attention to the Workers Representatives Convention (No. 135) and Recommendation (No. 143), 1971, in which it is expressly established that workers representatives in the undertaking shall enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as workers representatives or on union membership, or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements.

1. The principle that a worker or trade union official should not suffer prejudice by reason of his or her trade union activities does not necessarily imply that the fact that a person holds a trade union office confers immunity against dismissal irrespective of the circumstances.

1. A deliberate policy of frequent transfers of persons holding trade union office may seriously harm the efficiency of trade union activities.