The UN Guiding Principles On Business And Human Rights And The Human Rights Of Workers To Form Or Join Trade Unions And To Bargain Collectively

ITUC, Industriall Global Union, UNI Global Union and the Clean Clothes Campaign

Global

The right to join or form a trade union and the right to bargain collectively are established human rights falling within the scope of almost every business enterprise in almost every situation or context. What is entailed in the exercise of these human rights is well understood and established in legitimate and authoritative processes.

Business responsibility with respect to these human rights must be informed by four considerations:

1) the distinction between the state duty and the responsibility of business enterprises;

2) the ability of business enterprises to avoid the legal obligations of the employer;

3) the special role of fear in denying or “chilling” the exercise of these rights; and

4) the duty imposed on business enterprises by the right of workers to bargain collectively.

For the most part CSR initiatives address these issues by redefining freedom of association and do not focus on the responsibility of business enterprises for their adverse impacts on these human rights.. A business enterprise respects the rights of workers to form or join a trade union by not doing anything that would have the effect of discouraging workers from exercising this right. A business enterprise respects the the right of workers to collective bargaining by not refusing any genuine opportunity to bargain collectively. Due diligence for the right to form or join a trade union will involve identifying and preventing anti-union policies and practices as well as mitigating the adverse impacts on the exercise of this right by other business activities and decisions such as changes in operations. Due diligence for the right to bargain collectively will recognises that business enterprises must be prepared to bargain under a wider range of structures in countries where the law and practice does not provide a well- defined framework for bargaining. Industrial relations, a system which requires both trade unions and collective bargaining, can play important roles in both due diligence and in the remediation of adverse human rights impacts.

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