Compilation of decisions of the Committee on Freedom of Association

Protection against acts of interference14

Solidarist or other associations

Definition

1. An Act on solidarist associations provides that such associations may be formed by 12 or more workers, and defines them as follows: Solidarist associations are bodies of indeterminate duration which have their own legal personality and which, to achieve their purposes (the promotion of justice and social peace, harmony between employers and workers and the general advancement of their members), may acquire goods of all kinds, conclude any type of contract and undertake legal operations of any sort aimed at improving their members social and economic conditions so as to raise their standard of living and enhance their dignity. To this effect they may undertake savings, credit and investment operations and any other financially viable operations. They may also organize programmes in the areas of housing, science, sport, art, education and recreation, cultural and spiritual matters and social and economic affairs and any other programme designed legally to promote cooperation between workers and between workers and their employers. The income of solidarist associations comes from members minimum monthly savings, the percentage of which shall be determined by the general meeting, and the employers monthly contribution on behalf of the workers, which shall be determined by common agreement between the two sides.

1. Solidarist associations are associations of workers which are set up dependent on a financial contribution from the relevant employer and which are financed in accordance with the principles of mutual benefit societies by both workers and employers for economic and social purposes of material welfare (savings, credit, investment, housing and educational programmes, etc.) and of unity and cooperation between workers and employers; their deliberative bodies must be made up of workers, though an employers representative may be included who may speak but not vote. In the Committees opinion, although from the point of view of the principles contained in Conventions Nos. 87 and 98, nothing prevents workers and employers from seeking forms of cooperation, including those of a mutualist nature, to pursue social objectives, it is up to the Committee, in so far as such forms of cooperation crystallize into permanent structures and organizations, to ensure that the legislation on and the functioning of solidarist associations do not interfere with the activities and the role of trade unions.