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Education International
Education International

ILO examines collective bargaining in the public services

published 11 June 2013 updated 14 June 2013

“EI welcomes the useful and clear reaffirmation of the right to collective bargaining for public sector teachers, whether or not they are appointed as civil servants, by the International Labour Organisation (ILO) Committee of Experts on the Application of Conventions and Recommendations,” has stated EI General Secretary Fred van Leeuwen at the 102nd Session of the International Labour Conference (ILC).

“EI had hoped for a stronger set of recommendations, particularly focusing on the need for the international financial institutions responsible for austerity measures to respect ILO Conventions. However, we are confident that ILO will follow-up the discussion by adopting a substantive tripartite capacity building programme on collective bargaining with the active participation of interested global unions,” he added.

“It was high-time that the ILC gave attention to collective bargaining in the public sector. It has been over 30 years since the adoption of the relevant Conventions and I hope we will not wait so long again for a follow-up review,” he concluded.

The general survey report of the Committee of Experts entitled “Collective Bargaining in the Public Service: a Way Forward” reviewed the effective application of ILO Conventions 151 and 154 on labour relations and collective bargaining in the public service. It was examined at the ILO Conference Committee on the Application of Standards on 7 June.

In his address to the Conference Committee, Jose Antonio Zepeda Lopez, EI Regional Executive Committee member and workers’ representative for Nicaragua, stated: “Workers welcome the report because it highlights the linkages between civil liberties and trade union rights and the positive contribution of collective bargaining to the provision of quality public services and democracy. Collective bargaining also contributes to the fight against corruption and the promotion of equality.”

“The report identifies a global expansion in collective bargaining, particularly in Latin America, though the situation is deteriorating in other countries. Teachers are under severe attack in some countries for defending their rights,” he concluded.

Union leaders from France, Ireland, UK, Australia and Colombia among others highlighted the increased incidence of precarious work and anti-union practices in the public sector, the lack of genuine political will and the continuous resort to compulsory arbitration and legislation to impose draconian cuts on wages and other conditions. Many noted these were ideologically driven reforms and that the economic crisis has been used as a justification to privatise public services and impose restrictions on collective bargaining or revoke existing collective agreements.

The Irish Trade Union Congress spokesperson recalled that the Committee of Experts stated that collective agreements in force must be respected and called for the international financial institutions to respect ILO Conventions when they agree austerity packages with governments.

The Korean Confederation of Trade Unions condemned the lack of bargaining rights for public sector workers. In the case of the Korean Teachers’ Union, their registration has been cancelled and they risk severe punishments if they take collective action.

Dorte Lange, from the Danish Union of Teachers, spoke about the recent 4 week-long employer lock out of all public education teachers, which was ended by a decree law. She explained that prior to the negotiating round in 2012, the local authorities had agreed with the Ministries of Education and Finance that there must be changes in working hours and they were determined to impose their positions.

“This is the first time that the government as legislator only listens to one party when introducing a bill to end a legal action,” she said. “The principles of autonomy have been laid aside. The public employer seems to think that it can change salaries and terms of conditions which trade unions have achieved over decades with just a flick of a finger.”

EI had set out a number of recommendations to government and the ILO for follow-up on the general survey which were integrated into the Workers’ Group statements.

The workers group spokesperson, Marc Leemans, called for government action to increase ratification of the Conventions 151 and 154. He also recommended that the ILO adopt a four-year integrated action programme on the promotion of collective bargaining in the public sector.

The report on the outcome of the discussions was discussed at the Committee on Social Dialogue on June 8th and will be adopted at the Plenary of the International Labour Conference.