Many people are wary of raising the topic of freedom of association because of the political overtones this term carries in China. In fact, freedom of association is, above all, a legal concept.
The right of association includes the right to organize labor unions, the right to establish national labor unions, and the right to participate in international labor unions. The rights to organize labor unions and collective bargaining are basic rights specified in international human rights documents. The right to organize labor unions includes not only the right to be exempted of any interruption or discrimination by an employer, but also the right of union members not to be dismissed or retaliated against. Freedom of association is the cornerstone of core labor standards, and has always been protected by the ILO. Collective bargaining is described as the right to negotiate labor contracts as a group of workers. In a broad sense, it also includes the rights to promote collective bargaining, to strike, and to carry out collective actions in a peaceful manner.
Employers must respect freedom of association and collective bargaining and allow workers to organize or participate in labor unions freely. They are not permitted to interrupt or limit these rights, or punish or discriminate against any worker who becomes a member of a labor union. Examples of such punishments or discrimination are refusing of employment, threats to dismiss, limiting promotions or salary increases, limiting or requiring excessive overtime work, or transfers to a post with bad working conditions.
Employers should establish a mechanism for settling labor disputes fairly and reasonably. They can establish a mediation board for settling labor disputes, with workers’ representatives serving as members of the board. The board should define and publish a procedure and methods for settling labor disputes, and assign persons to collect claims and appeals from workers.
In the event that freedom of association is limited by law, such as in China, companies should help workers to realize their rights in a similar way. Companies may provide trainings to workers which explain the nature, function, and rights of labor unions, election methods, and channels for communication with the management. Companies may also provide appropriate facilities, funds, equipment, and time during working hours to workers’ representatives, so that they can perform their duties adequately.
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