Protection against anti-union discrimination

목차 (Table of Contents)

• CONTENTS
• Introduction = 1
• 1. Forms and frequency of anti-union discrimination = 5
• Forms of discrimination = 5
• Table(1) = 10
• Frequency of discrimination = 14
• Table(2) = 14
• Situations favouring discrimination = 17
• Formation of a plant union or branch = 17
• Strike or other industrial action = 18
• Presentation of union claims and negotiation of agreements = 18
• Election of union or worker representatives = 19
• Open rivalry between unions at a plant = 19
• Reorganisation of an undertaking or its operations = 20
• Lodging of complaints against an employer or winning of a union case = 20
• Public authorities favourable to management = 20
• Table(3) = 21
• Factors affecting discrimination = 26
• Extent of unionisation in the undertaking = 26
• Size of undertaking = 26
• Employer's attitude to unions = 26
• Economic sector = 26
• Location of the undertaking = 27
• National or multinational character of the undertaking = 27
• Business cycles = 27
• 2. The law in the various countries = 29
• General provisions against anti-union discrimination = 29
• Persons covered = 30
• Period of coverage = 31
• Matters covered = 32
• Table(4) = 37
• Provisions for special protection of workers engaged in certain union activities = 44
• Founders of unions = 44
• Union officers and representatives = 48
• Candidates for union office = 54
• Former union officers and representatives = 56
• Table(5) = 60
• Cases of absence of specific provisions = 65
• 3. Machinery and procedures = 67
• Enforcement machinery = 67
• Labour inspectorate = 67
• Union committees, works councils, joint committees = 68
• Courts and quasi-judicial bodies = 69
• Preventive procedures = 75
• Authorisation by the labour inspectorate = 76
• Permission from authority dealing with an industrial dispute = 76
• Intervention by special administrative body with quasi-judicial functions = 77
• Approval by tripartite bodies with quasi-judicial functions = 78
• Approval by works council = 78
• Consent of a trade union body = 79
• Consultation of internal joint committee = 80
• Remedies = 80
• Suspension of the discriminatory action = 81
• Nullity of discriminatory decisions = 85
• Reinstatement with or without back pay = 89
• Compensation for loss or injury = 93
• Restoring the position after suspension, transfer or change of service conditions = 94
• Publicity for court or administrative decisions on anti-union conduct = 95
• Penalties = 95
• 4. Conclusions = 99
• Seriousness of the problem = 99
• Ways in which discrimination may operate = 99
• An effective system of protection = 99
• Laws and regulations = 101
• Law enforcement = 102
• Machinery to safeguard the right to organise = 102
• Onus of proof and slowness of proceedings = 104
• Prevention = 105
• Remedies = 105
• Penalties = 106
• Education and information = 107
• Appendix 1. International labour standards = 109
• Mexico Resolution concerning protection of the right to organise and bargain collectively, 1946 = 109
• Right to Organise and Collective Bargaining Convention, 1949(No. 98) = 109
• Termination of Employment Recommendation, 1963(No. 119) = 109
• Workers' Representatives Convention, 1971(No. 135) = 110
• Workers' Representatives Recommendation, 1971(No. 143) = 111
• Appendix 2. List of laws and regulations = 113