PA03: The Rights of Freedom of Association and Collective Bargaining
Freedom of Association: the right of workers to form and join organizations of their own choosing
Collective Bargaining: ... the process used by trade unions or workers' representatives and employers to negotiate the provisions that reflect the terms and conditions of employment for workers. ... Freedom of association is a separate right from collective bargaining, and it can be exercised even when there are no trade unions present.
Freedom of Association & Collective Bargaining
PA03: The Rights of Freedom of Association and Collective Bargaining
3.1. The Auditee respects the Right of Workers to form Unions or to refrain from doing so, without distinction whatsoever and irrespective of Gender in a free and democratic Way
... clear policy NOT to:
- keep workers from participating in the activities of unions or other workers' organizations
- discourage or get involved in the process of electing workers' representatives
- harm workers who participate (actively or passively) in the election of workers' representatives
→ to form Unions or to refrain from doing so
PA03: The Rights of Freedom of Association and Collective Bargaining
3.2 CRUCIAL QUESTION: The Auditee respects Workers' right to bargain collectively without Distinction whatsoever and irrespective of Gender
... the auditee encourages collective negotiations on the terms of employment. The auditee ensures that the stipulations contained in the collective bargaining agreement:
- are available to workers, both women and men workers
- are integrated into employment contracts in the languages which workers can understand
- apply to workers in the same category
PA03: The Rights of Freedom of Association and Collective Bargaining
3.3 The Auditee does not discriminate against Workers because of their Trade Union Membership
... clear policy NOT to:
- discriminate against candidates for a company position because of their connection to a trade union
- give more or less benefits to workers because of their connection to trade union
- fire workers for being unionized
PA03: The Rights of Freedom of Association and Collective Bargaining
3.4 The Auditee does not prevent Workers' representatives from accessing or interacting with Workers in the Workplace
... the auditee understands that:
- workers' representatives can meet with workers during working hours in agreement with the law
- the time workers spend meeting with workers' representatives cannot be deducted from workers' remuneration
- workers' representatives are independent of management
- workers' representatives should be trained to perform their duties
PA03: The Rights of Freedom of Association and Collective Bargaining
Required Documents
- documented evidence of the workers' representative(s) election
- collective bargaining agreement (if applicable)
- minutes or documents from meetings that led to the collective bargaining agreement (if applicable)
- recruitment and dismissal procedures and records (hiring and firing workers)
workers' right to form union or to refrain doing so, ...
PA03: The Rights of Freedom of Association and Collective Bargaining
General Discussion
