How can legal frameworks be strengthened to ensure active participation in trade

unions and collective bargaining process

Introduction
In the context of ILO Convention Nos. 87 and 98, there is a need to consider an expanded
range of strategic options to foster the State policy and to make trade unionism and collective
bargaining relevant to the times. To effectively address this need, the role of legislation as a
vehicle for institutional reform cannot be overemphasized. Institution- ILO Committee on
freedom of Association
Select Legislation
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Provides that measures appropriate to individual states shall be taken, where necessary, to
encourage and promote the full development and utilization of machinery for voluntary
negotiation between employers or employers' organizations and workers' organizations, with
a view to the regulation of terms and conditions of employment by means of collective
agreements.
The Freedom of Association and Protection of the Right to Organise Convention No 87
Applies to both documented and undocumented. Parties to the Convention oblige to ensure
the right of both employers and employees to join an organisation of their choice and free
from any influence of authorities which belongs to the core principles of the ILO.
Furthermore, the Convention sets up general rules for organisations themselves, which
includes for instance the voting for officers and the consolidation of an internal constitution.
Labour Relations (Public Service) Convention, 1978 (No. 151)
The convention promotes collective bargaining for public employees, as well as other
methods allowing public employees' representatives to participate in the determination of
their conditions of employment. It also provides that disputes shall be settled through
negotiation between the parties or through independent and impartial machinery, such as
mediation, conciliation and arbitration.
Collective Bargaining Convention, 1981 (No. 154)
Defines collective bargaining and calls for its promotion in all branches of economic activity,
including public service.
Promoting Collective Bargaining Convention No. 154 of 1981
In the Convention the term “collective bargaining” means all negotiations between employers
and/or employers’ organizations on the one hand, and workers’ organizations on the other,
for – determining working conditions and terms of employment; and/or regulating relations
between employers and workers; and/or regulating relations between employers or their
organizations and a workers’ organization or workers’ organizations.
Yet while collective bargaining is inherently a voluntary process, countries need to establish
an enabling framework within which it can be encouraged and promoted, both through
legislation and the creation of supporting institutions.
How can legal frameworks be strengthened to ensure active participation in trade
unions and collective bargaining process
1. Coordination among State and non-State actors toward a broad-based and more
diversified sourcing of policy options and support or consensus for reforms. This is
especially in the design and implementation of employment and social policies and,
where relevant, economic and other public policies. Non state actors bring technical
knowledge and experience,state for implementation.

2. Protection Against Anti-Union Discrimination: Laws must also protect employees

from being discriminated against, dismissed, or otherwise penalized for their union
membership or for participating in trade union activities. Discrimination on union
membership. Countries like Lesotho allow non-nationals.

3. Ensuring Right to Strike: Legal frameworks should uphold the right of workers to
strike as a key component of collective bargaining. Laws that excessively limit this
right can undermine the bargaining power of trade unions.Case no.2227

4. Effective Enforcement Mechanisms: All these rights should be complemented with

strong enforcement mechanisms – including courts and labor relations boards that can
impose penalties for violating labor laws. Undocumented migrants may lack judicial
recourse. Hoffman Plastic Compounds, Inc. v. National Labor Relations Board,
535 U.S. 137 (2002):

5. Governments can create an enabling environment for association and CBA calls for
proper legislation-political goodwill and less gov’t intervention. Goodwill necessary
for enactment and implementation.