Freedom of Association and Unions

Overview

This lesson explains the collective freedom of association, focusing on trade union freedom, its legal sources, main components, and protections.

Freedom of association (trade union freedom) is the right for every person to create, join, or not join a trade union.
It includes the right to participate in union activities and act to defend professional interests.
Individuals must not suffer discrimination because of their trade union membership or activities.
A trade union is an association of people, usually employees or employers, created on a lasting basis.
The purpose of a trade union is to defend and promote the professional interests of its members.
Trade union activity is closely linked to professionalism and professional interests.

This freedom is protected at international, European, constitutional, and legislative levels.
Different texts recognize and proclaim the right to form and join trade unions.
The protection exists both in international human rights instruments and in national law.

Level	Legal Instrument / Text	Content Related to Freedom of Association
International (UN)	Article 8 of the International Covenant on Economic, Social and Cultural Rights	Proclaims freedom of association and trade union freedom.
European	Article 11 of the European Convention on Human Rights	Protects freedom of association, including trade union freedom.
Constitutional (France)	Paragraph 6 of the Preamble to the 1946 Constitution	Recognizes and guarantees trade union freedom at constitutional level.
Legislative (France)	Law of March 21, 1884	Proclaims freedom of association for trade unions in French law.

Freedom to join a trade union: every person is free to become a member of a union.
Freedom not to join a trade union: no one can be forced to belong to a union.
It is completely possible to be an employee without belonging to any union.
Freedom to leave a trade union: members may resign and stop belonging to a union.
Freedom to create a trade union: individuals may form a new trade union organization.

Exercise of trade union freedom is governed by important protective rules.
These rules aim to guarantee real, effective enjoyment of union freedom in the workplace.

There must be no discrimination based on trade union membership or non-membership.
Employers cannot consider union membership when making employment decisions.
Decisions on recruitment must not be influenced by the worker’s union situation.
Decisions on remuneration and pay must ignore whether the employee is unionized.
Disciplinary measures cannot be based on a worker’s trade union membership or activities.
This non-discrimination principle is a direct consequence of trade union freedom.

There must be no interference with the exercise of trade union freedom.
Interference with this freedom constitutes a criminal offence.
Such interference is punishable by one year of imprisonment.
It is also punishable by a fine of €3,750.
The criminal sanction underlines the seriousness of protecting trade union freedom.

Freedom of association: collective freedom allowing people to create, join, or not join organizations like trade unions.
Trade union freedom: specific aspect of freedom of association concerning trade unions and professional interests.
Trade union: lasting association of employees or employers, created to defend and promote members’ professional interests.
Non-discrimination: prohibition on treating a person unfavorably because of union membership or non-membership.
Interference with trade union freedom: unlawful actions hindering the creation, functioning, or membership of trade unions, punishable by law.