Role of ILO in Recognition of Trade Unions
The need for evolving an international instrument for recognition of trade unions resulted in the International Labour Organization (ILO) Convention No. 87 on ‘Freedom of association and protection of the rights to organize’ in 1948,and Convention No. 98 concerning the ‘Right to organize and bargain collectively’ in 1949.
The ILO Convention No. 87 states that:
Workers and employers, without distinction whatsoever, will have the right to establish and, subject only to the rules of the organization concerned, to join organization concerned, to join organization of their own choosing without previous authorization. The Convention empowers the worker’s organization to frame their constitution, to elect representatives and among others to organize their activities. To establish and join federation, Article 8 of the Convention, require that workers and employers and their respective organizations, like all other, will respect the law of the land. The law of the land shall not be such as to impair nor shall it be so applied as to impair, the guarantees provided for in the constitution.
The ILO Convention No. 98 confers to workers against acts of anti-union discrimination in respect of their employment. The protection is directed in respect to acts to:
1. Make the employment of a worker subject to the condition that he will not join a union or relinquish trade union membership, and
2. Cause the dismissal of, or otherwise prejudice a worker by reason of union membership or because of his participation in union activities outside working hours.
Voluntary and Statutory Recognition
Trade union recognition may be either voluntary or statutory
Voluntary Recognition
This is the most common form of recognition which does not involve legal procedure and can exist regardless of the number of employees.
Statutory Recognition
If an employer does not voluntarily recognize a trade union, it may apply to the industrial court for the legal right to be recognized by an employer for collective bargaining over pay, working hours and holidays, in respect of a group or workers in a particular bargaining unit. For example, if an organization employs more than 20 workers, of which at least 10% are members of a union, the union may apply for the statutory recognition process to begin if it appears that the majority of workers are likely to support recognition.
Recognition Vs Registration
| Registration | Recognition |
| Registration is essential for survival. | Recognition is a must. |
| Trade union can be qualified union. | It is a representative union |
| Section 4-14 of Trade Union Act, 1926, are applicable | Section 28 of the Trade Union Act, 196, is applicable. |
| There can be any number of unions | If there are more than one union, then union with the largest members is recognized (ILO session). |
| Registration is the first step. | Recognition is followed by registration. |