International labour laws and conventions




International laws and conventions are vital to trade unionists faced with a hostile government. The Demir ruling was particularly important because it was the first time that the ECHR relied explicitly on a range on international instruments to overturn past rulings, concluding that Article 11 includes the right to engage in collective bargaining.



The UK government has ratified several key laws and conventions, in particular:



• Article 6(2) of the European Social Charter (ESC): The ESC imposes on all member states of the Council of Europe a duty to promote collective bargaining.




• Article 12(1) of the Charter of Fundamental Rights of the EU: The Charter gives everyone the right to freedom of peaceful assembly and freedom of association at all levels, in particular political, trade union and civic matters, which implies the right for everyone to form and to join trade unions for the protection of their interests. 


• Article 28 of the Charter of Fundamental Rights of the EU: This Charter gives all workers the fundamental right to negotiate and conclude collective agreements at the appropriate levels and in cases of conflict of interest, to take collective action to defend their interests, including strike action.



• The International Labour Organisation (ILO) Convention on Freedom of Association and Protection of the Right to Organise 1949 (Convention No.87): This Convention states that workers and employers have the right to establish and join organisations of their own choosing without previous authorisation, to draw up constitutions and rules, freely elect representatives, organise their administration and activities and formulate their programmes without state interference, and to organise.



• The ILO Convention on the Right to Organise and Collective Bargaining 1949 (Convention No. 98): This Convention states that appropriate national measures shall be taken to encourage and promote full development and use of voluntary collective bargaining machinery between employers or employers’ organisations and workers’ organisations, with a view to regulating employment terms and conditions using collective agreements.




• Article 11 of the European Convention on Human Rights: This Article states that everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions for the protection of their interests. No restrictions can be placed on these rights unless prescribed by law and necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. There are exceptions for the police, armed forces and state administration.




• European Union Directive 2014/14/24/EU on Public Procurement (outsourcing): Paragraph 37 of this Directive requires member states to take measures to ensure compliance with national and EU labour laws and collective agreements when outsourcing public services.