Compilation of decisions of the Committee on Freedom of Association

Collective bargaining15

Extension of collective agreements

1. The codification by Decree of clauses contained in a collective labour agreement is not inconsistent with the principles of free collective bargaining, which has, as a basis, the notion of agreements that are legally binding on the parties.

1. In a case where the public authorities decreed the extension of collective agreements when current collective agreements had been concluded by minority organizations in the face of opposition by an organization which allegedly represented the large majority of workers in the sector, the Committee considered that the Government could have carried out an objective appraisal of representativity of the occupational associations in question since, in the absence of such appraisal, the extension of an agreement could be imposed on an entire sector of activity contrary to the views of the majority organization representing the workers in the category covered by the extended agreement, and thereby limiting the right of free collective bargaining of that majority organization.

1. Any extension of collective agreements should take place subject to tripartite analysis of the consequences it would have on the sector to which it is applied.

1. When the extension of the agreement applies to non-member workers of enterprises covered by the collective agreement, this situation in principle does not contradict the principles of freedom of association, in so far as under the law it is the most representative organization that negotiates on behalf of all workers, and the enterprises are not composed of several establishments (a situation in which the decision respecting extension should be left to the parties).

1. The extension of an agreement to an entire sector of activity contrary to the views of the organization representing most of the workers in a category covered by the extended agreement is liable to limit the right of free collective bargaining of that majority organization. This system makes it possible to extend agreements containing provisions which might result in a worsening of the conditions of employment of the category of workers concerned.