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Between law and reality – freedom of association and collective bargaining

This study introduces the emergence and content of two core labour standards, No 87 and No 98, and explains the supervisory system by which the ILO verifies compliance with these conventions. Using the example of China and Bangladesh, the study illustrates what the anchoring of freedom of association and collective bargaining in national law looks like today, almost 70 years after the adoption of the conventions, and what it looks like in reality. "There are blatant shortcomings in the implementation of the conventions in both countries", says the author of the study, SÜDWIND employee Sabine Ferenschild. “In China, workers have no right at all to form or join a trade union of their choice. Although this right exists in Bangladesh, it is subject to high hurdles under national legislation. In view of the fact that not all ILO member states have yet ratified Core Labour Standards No 87 and No 98, the study formulates a final call for the ILO to launch an offensive to further ratify these important conventions. However, the author also stresses that ‘in the context of the implementation of corporate due diligence obligations, the task of companies is to make the implementation of the rights to freedom of association and collective bargaining in subcontracting companies a criterion for the award of contracts’.

Scope: 28 pages
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