Collective bargaining as a right for all workers?
Effective recognition of the right to collective bargaining is one of the ILO’s fundamental principles and rights at work. However, it is difficult for workers in non-standard employment (“precarious workers”) to enjoy this right due to a legal “design” based on a single employment relationship. In...
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| Argitaratua izan da: | URI:https://journals.openedition.org/rdctss, |
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| Egile nagusia: | |
| Formatua: | Article ou chapitre numérique |
| Hizkuntza: | Anglais |
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Revue de droit comparé du travail et de la sécurité sociale
2025
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| Sarrera elektronikoa: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Gaia: | Effective recognition of the right to collective bargaining is one of the ILO’s fundamental principles and rights at work. However, it is difficult for workers in non-standard employment (“precarious workers”) to enjoy this right due to a legal “design” based on a single employment relationship. In countries where workers may negotiate only with their “employer”, those whose “real” employer is open to question, such as workers in the value chain or dependent contractors, are excluded from the current bargaining system. Even if all workers, including the self-employed, should enjoy freedom of association in accordance with the ILO principle, their right to collective bargaining cannot be fulfilled in so far as employing entities refuse to negotiate with them. While international human rights bodies have increasingly come to recognise freedom of association and the right to collective bargaining as “human rights”, the effective recognition of these rights remains a long way off if the counterparty cannot be identified. This article aims to analyse the issues involved in promoting the right to collective bargaining for all workers, regardless of their legal status. |
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