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As discussed in Chapter 1, a setting in which there is democracy, freedom of opinion and expression, and respect for civil liberties—including the right of assembly—is crucial for the exercise of freedom of association and effective recognition of the right to collective bargaining.
As discussed below, they may also include the right to strike (Swepston, 1998).
The German system of workers’ councils puts worker representatives on company boards of directors in the largest firms and on the day-to-day management board of the coal, iron, and steel industries.
In this way collective bargaining is a positive right that needs to be backed by government enforcement procedures. As with collective bargaining, however, governments everywhere establish conditions that limit or constrain the right to strike.
In concept, it is a negative right—workers can freely exercise the right to strike if the state did not restrict their behavior.
This chapter considers the first of thefour core labor standards, freedom of association and effective recognition of the right to collective bargaining.
The committee focuses on issues that have emerged in ILO treatment of Conventions No. 98, and in the 1998 Declaration on Fundamental Principles and Rights at Work, amplifying particularly difficult, controversial, or novel questions based on its definitions.
In some countries, they do provide an effective voice for workers, either through trade union representation elected to workers’ council positions, or through workers acting on their own.