International Trade Union Confederation

Freedom of association / Right to organise

Freedom of association

Anti-Union discrimination

Barriers to the establishment of organisations

Prior authorisation or approval by authorities required for the establishment of a union

The Commissioner of Labour decides on the registration of trade unions. S/he may ask for any information in support of the application (Art.27 Industrial Relations Act).

Restrictions on trade unions’ right to organise their administration

Restrictions on the right to freely draw up their constitutions and rules

The law imposes substantive requirements on trade union constitutions, for example that a general meeting open to all members shall be held once a year and decisions to be taken during the general meeting (Art.29 Industrial Relations Act). Only fully paid up members are permitted to be members of unions and are allowed to participate in votes (Art. 20 and 30 Industrial Relations Act).

Categories of workers prohibited or limited from forming or joining a union, or from holding a union office

Export processing zone (EPZ) workers

Workers in export processing zones are not allowed to form trade unions.

Right to collective bargaining

Right to collective bargaining

Barriers to the recognition of collective bargaining agents

Undue requirements regarding trade unions’ structure, composition and affiliation

Art. 42 (3) Industrial Relations Act: If paid up union members represent less than 50 per cent of all workers in the bargaining unit, recognition for bargaining purposes shall be at the discretion of the employer.

Right to strike

Right to strike

Ban or limitations on certain types of strike actions

Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)

Strikes are only permitted in the case of unresolved disputes which implies that sympathy strike are prohibited (Art.86 Industrial Relations Act).

Undue interference by authorities or employers during the course of a strike

Authorities’ or employers’’’ power to unilaterally prohibit, limit, suspend or cease a strike action

Art.89 Industrial Relations Act: The Minister of Labour may ask the Court to declare a strike illegal if s/he considers that it would threaten “national interest.”

Authorities’ or employers’ power to prevent or end a strike by referring the dispute to arbitration

Art.96 Industrial Relations Act: Unresolved disputes in essential services can be referred to compulsory arbitration unilaterally.

Limitations or ban on strikes in certain sectors

Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted

Art.93 Industrial Relations Act: Strikes are prohibited in essential services which include sanitary services, telecommunication and telegraphic services.

Barriers to lawful strike actions

Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike

After a dispute has been declared unresolved, the union may give strike notice to the Commissioner of Labour at least seven days before the strike. The Commissioner of Labour then holds a strike ballot and the majority of all employees have to vote in favour of the strike as a precondition. After a successful strike ballot the union has to obey another 48 hours notice requirement (Art.86 Industrial Relations Act).

Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)

Protest action can only be taken after giving 21 days advance notice to the Commissioner of Labour explaining the reasons and nature of the protest action. Unions may not engage in purely political protest action. The Commissioner of Labour carries out a secret ballot to determine whether the majority of employees are in favour of protest action. After a ballot has been successful the union shall give another notice- at least 48 hours before the protest action (Art. 41 Industrial Relations Act).

Undermining of the recourse to strike actions or their effectiveness

Excessive sanctions for damages caused by strike actions

Trade unionists participating in the protest action remain liable under the civil and criminal law (Art. 41 (13) Industrial Relations Act).

Possibility to replace workers during lawful strike actions

The Industrial Court of Appeal upheld in a decision the principle that an employer is allowed to use replacement labour during the course of a lawful strike action (Case No. 12 of 2017). The Government was called upon by the ILO Committee of Experts to ensure that the legislation, in particular the Industrial Relations Act, is amended to provide protection to striking workers in this respect.