Trade union rights in law
Freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
and the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
are fundamental rights enshrined in the Constitution. While enterprise-level agreements cannot be less favourable for workers than higher-level agreements, “derogation clauses” introduced through amendments to the Labour Code in 2004 allow for the waiving of this principle in numerous instances.
Certain types of strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action are prohibited, such as go-slows, sit-ins and work-to-rules. The 2007 Act concerning public transport introduced a number of controversial clauses, such as requiring workers to give notice of their intention to take part in a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
48 hours before it commences. In addition, as of day eight of a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, workers can be called on, including by the employer, to vote whether the action should continue. Finally, in the absence of an agreement, to be signed by the end of the year, the employer is entitled to establish the minimum level of services to be provided during a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
- >The right to freedom of association is regulated by law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Restrictions
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Other civil servants and public employees
- Prefects and sub-prefects are not allowed to form trade unions due to their status as representatives of the State.
- >Managerial and supervisory staff
- >Agricultural workers
- >Domestic workers
- >Temporary / contract workers
- >Others categories
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law.
Restrictions
Restrictions on the principle of free and voluntary bargaining:
- >Authorities' approval of freely concluded collective agreements
- In the case of bodies financed primarily from public funds (such as social security agencies), the approval of the supervisory authority is needed for a collective agreement to come into force.
Limitations or ban on collective bargaining in certain sectors:
- >Armed forces
- >Other civil servants and public employees
- Pour les préfets et certains hauts fonctionnaires uniquement
Other limitations:
- >Other limitations
- In 2004 the Labour Code was amended to introduce "derogation clauses" at the enterprise level, which significantly altered the relative importance of the bargaining levels. While enterprise-level agreements cannot be less favourable for workers than higher-level agreements in terms of minimum salaries, social security and some other provisions, a lot of other pay-related issues (such as the payment of a "13th month") are not exempt from that possibility. The broadened scope of enterprise-level agreements in this law also led to more derogation clauses. An employer can now push for an enterprise-level agreement that would take away workers’ rights based on the relevant sectoral-level agreement.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised in the Labour Law.
As a constitutional right, strikes are subject to very little legal regulation. Certain rules have been developed through jurisprudence, such as the prohibition of go-slows, sit-ins and work-to-rule strikes.
Restrictions
Legal barriers to lawful strike actions:
- >Excessively long prior notice / cooling-off period
- In the public sector giving strike notice is required by law. No such notice need be given in the private sector.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the level or scope of a strike (e.g. (enterprise, industry and/or sector, regional and/or territorial, national)
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Examples of discrimination against union activists have included disciplinary sanctions or even dismissal. In recent years pressure has been stepped up and there has been a tendency to criminalise trade union action.
Limitations or ban on strikes in certain sectors:
- >Unreasonable or discretionary (i.e. without negotiation with social partners or absence of an independent authority in the event of disagreement) determination of the extent of the "minimum service" to be guaranteed during strikes in public services
- Three articles in the law of 1 August 2008 are particularly controversial. Firstly, a worker must declare her/his participation in a strike at least 48 hours before it commences, otherwise s/he may face disciplinary action. Secondly, starting from the eight day of the work stoppage, workers can be asked to vote on the continuation of the strike, and this secret ballot can also be initiated by the employer. Thirdly, in the absence of an agreement scheduled to be signed before the end of year, the employer can unilaterally determine the minimum services in the event of a strike. In 2009, the ILO asked the government to ensure "in any dispute in the land passenger transport sector and in the absence of an agreement on the determination of the minimum service to be maintained in the event of a strike, that the principle is observed whereby the workers' organisations concerned shall be able to participate, alongside the employers and the public authorities, in the definition of this minimum service."
