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The chapter then looks at the principal sources of information for monitoring compliance with this standard.The last section presents the committee’s conclusions and recommendations on assessing compliance and sources of information.
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But workers may have to take political action to achieve a legal framework that allows them to bargain collectively without excessive exceptions and restrictions and that punishes employers This chapter draws heavily from Compa (2002) and also draws on Polaski (2002a, 2002b). The assessment thus moves from an area in which there is widespread agreement into an area that is much more problematic. law is weaker than the ILO standard in that it fails to promote bargaining for workers who desire it, but who are not a majority in their workplace.
The committee has also benefited from comments by Anthony Giles, research director, Commission for Labor Cooperation, North American Agreement on Labor Cooperation, and Ben Davis, American Center for International Labor Solidarity. In addition, bargaining takes two parties: employers cannot be allowed to refuse to bargain. Relatively few countries prohibit collective bargaining altogether, but the degree to which there are restrictions on exercise of the right varies greatly. 5): bargaining by an unwilling employer when a majority of the workers vote for union representation. With regard to right to strike, neither ILO Convention No. 98 mentions the right to strike, but a long tradition of ILO jurisprudence has established the right to strike as an essential component of collective bargaining (Swepston, 1998).
Finally, there is the broader question of whether the government takes positive steps to educate workers as to what their rights are and what remedies are available, permits others to do the same, and more generally encourages the spread of best practices.
Like freedom of association, collective bargaining can first be viewed as a negative right that workers can exercise on their own as long as the government does not interfere. The assessment of compliance must include whether a government permits collective bargaining in general and also whether a government channels collective bargaining into narrowly defined arenas.
In Central America and some other regions, many factories have “solidarity” associations of workers and managers that are set up as “mutual benefit societies” with a financial contribution from the employer to make loans for housing, education, and other purposes, and to promote “unity and cooperation” between workers and employers (International Labour Organization, 1994).