Compilation of decisions of the Committee on Freedom of Association

Facilities for workers representatives18

Free time accorded to workers representatives

1. The Committee recalled that, while account should be taken of the characteristics of the industrial relations system of the country, and while the granting of such facilities should not impair the efficient operation of the undertaking concerned, Paragraph 10, subparagraph 1, of the Workers Representatives Recommendation, 1971 (No. 143), provides that workers representatives in the undertaking should be afforded the necessary time off from work, without loss of pay or social and fringe benefits, for carrying out their representation functions. Subparagraph 2 of Paragraph 10 also specifies that, while workers representatives may be required to obtain permission from the management before taking time off, such permission should not be unreasonably withheld.

1. Paragraph 10(3) of the Workers Representatives Recommendation, 1971 (No. 143), states that: Reasonable limits may be set on the amount of time off which is granted to workers representatives.

1. The affording of facilities to representatives of public employees, including the granting of time off, has as its corollary ensuring the efficient operation of the administration or service concerned. This corollary means that there can be checks on requests for time off for absences during hours of work by the competent authorities solely responsible for the efficient operation of their services.

1. A provision which establishes that persons must have been registered for five years in order to obtain trade union leave and apparently allows the authorities excessive discretion when deciding whether to grant such leave raises problems of conformity with the principles of freedom of association.

1. It may be more appropriate to leave the issue of whether all trade union activity by full-time union officials will be treated as unpaid leave to consultations between the parties concerned.

1. Paragraph 15(1) and (2) of the Workers Representatives Recommendation No. 143 states that workers representatives acting on behalf of a trade union should be authorized to post trade union notices on the premises of the undertaking in a place or places agreed on with the management and to which the workers have easy access, and that management should permit workers representatives acting on behalf of a trade union to distribute news sheets, pamphlets, publications and other documents of the union among the workers of the undertaking. Also, Paragraph 15(3) states that the notices and documents referred to in this paragraph should relate to normal trade union activities and their posting and distribution should not prejudice the orderly operation and tidiness of the undertaking.