|
||
|
|
|
[index] [library] |
369. If the national legislation provides that all trade union leaders must belong to the occupation in which the organization functions, there is a danger that the guarantees provided for in Convention No. 87 may be jeopardized. In fact, in such cases, the laying off of a worker who is a trade union official can, as well as making him forfeit his position as a trade union official, affect the freedom of action of the organization and its right to freely elect its representatives, and even encourage acts of interference by employers.
(See the Digest of 1985, para. 303.)
370. The requirement that employees must belong to the establishment in question for election to trade union office is contrary to Article 3 of Convention No. 87. It is necessary to admit as candidates for trade union office persons who have previously been employed in the occupation concerned and to exempt from the occupational requirement a reasonable proportion of the officers of an organization.
(See 243rd Report, Case No. 1326, para. 154.)
371. For the purpose of bringing legislation which restricts union office to persons actually employed in the occupation concerned into conformity with the principle of free election of representatives, it is necessary at least to make these provisions more flexible by admitting as candidates persons who have previously been employed in the occupation concerned and by exempting from the occupational requirement a reasonable proportion of the officers of an organization.
(See 260th Report, Cases Nos. 997, 999 and 1029, para. 28; and 297th Report, Case No. 1788, para. 362.)
372. Provisions which require that trade union leaders shall, at the time of their election, have been engaged in the occupation or trade for more than one year are not in harmony with the Convention.
(See the Digest of 1985, para. 304.)
373. Given that workers' organizations are entitled to elect their representatives in full freedom, the dismissal of a trade union leader, or simply the fact that he leaves the work which he was carrying out in a given undertaking, should not affect his trade union status or functions unless stipulated otherwise by the constitution of the trade union in question.
(See the Digest of 1985, para. 305.)
374. A requirement that a trade union leader shall continue to carry out his employment during the term of his office prevents the existence of full-time officers. Such a provision may be highly detrimental to the interests of trade unions, in particular those whose size or geographical extent require the contribution of a considerable amount of time by the officers. Such a provision impedes the free functioning of trade unions and is not in conformity with the requirements of Article 3 of the Convention.
(See the Digest of 1985, para. 306.)