Compare countries
Important: select the countries AND a theme (no result is displayed if no information is available).
Data is often available only for lower theme levels. In these cases, it is important to explicitly select those levels.
Countries
Themes
- +Regulatory framework
- Ratified ILO Conventions
- National Legal Framework
- National constitutional framework
- Legal definitions
- Employee
- Worker
- Employer
- Trade union (or workers’ organisation)
- Employers’ organisation
- Workers' representative
- Collective bargaining
- Collective agreement
- Essential service
- Public service
- Dispute (collective dispute)
- Strike
- Lockout
- .
- +Organizations and their administration
- Establishment of Organisations
- Does labour legislation explicitly prescribe a right to establish or create an employers’ organisation?
- Right to establish or join a trade union
- Right to establish or join an employers' organization
- Does labour legislation explicitly prescribe a right to establish or create a trade union?
- Is there a single trade union or employers’ organisation structure imposed by law at any level in the country? (monopoly)
- In case the legislation allows for trade union pluralism at any level, is there a procedure to determine the “most representative organization”?
- In case that legislation provides for a procedure for the determination of the “most representative organization”, does the legislation afford any privileges / advantages to the organisation considered the most representative one?
- Minimum number of members or representativeness criteria for the establishment of a trade union
- Minimum number of members or representativeness criteria for the establishment of an employers' organization
- Formalities and requirements for the registration of trade unions and employers' organizations
- Formalities and requirements for the registration of trade union
- Formalities and requirements for the registration of employers' organization
- Obligations of social partners to join certain types, or specific categories of organizations
- Obligations of workers or trade unions to join certain types, or specific categories of organizations
- Obligations of employers and/or employers' organizations to join certain types, or specific categories of organizations
- Ability of trade unions and employers’ organizations to form and join federations and confederations
- Ability of trade unions to form and join federations and confederations
- Ability of employers’ organizations to form and join federations and confederations
- Ability of trade unions and employers’ organizations to affiliate with an international organization
- Ability of trade unions to affiliate with an international organization
- Ability of employers'organizations to affiliate with an international organization
- Administration of Organisations
- Does labour legislation contain any prescriptions on what must be included in the by-laws of an employers’ organisation? (e.g. name, aims, domicile, rights and obligations of the members, etc.)
- Contents of trade union by-laws / constitution
- Contents of employers' organizations by-laws / constitution
- Does labour legislation contain any prescriptions on what must be included in the by-laws of a trade union? (e.g. name, aims, domicile, rights and obligations of the members, etc.)
- Requirements for individuals to affiliate with trade unions
- Requirements for individuals to affiliate with employers’ organizations
- Does labour legislation prescribe any formalities to affiliate with an employers’ organisation?
- Formalities and requirements for the election of trade union representatives
- Formalities and requirements for the election of employers’ organization representatives
- Does labour legislation prescribe any formalities to affiliate with a trade union? (e.g. full age, no criminal records, etc.)
- Formalities for the adoption of decisions by a trade union
- Formalities for the adoption of decisions by an employers’ organization
- Does labour legislation prescribe any formalities on the election of an employers’ organisation representative?
- Procedures for the dissolution of trade unions
- Procedures for the dissolution of employers’ organizations
- Exclusions
- Are there any categories of workers not allowed to form or join a trade union?
- Police / security forces
- Defence forces
- Public / civil servants (Managerial and supervisory staff only)
- Others
- +Legislative protection of workers' and employers' organizations, their members and representatives
- Acts of anti-union discrimination
- Safeguards to protect workers against acts of anti-union discrimination
- Forms of discrimination
- Discrimination
- Discrimination during employment
- Discriminatory termination
- Protection granted to workers in a given period (setting up a trade union / during its existence / after its dissolution)
- Type of activities carried out by workers by reason of their trade union involvement
- Competent body to hear allegations of discrimination
- Procedural safeguards recognized in the legislation
- Remedies and sanctions foreseen in the legislation as compensatory measures for having suffered acts of anti-union discrimination
- Compensation
- Reinstatement
- Other
- Enforcement mechanisms to ensure effective protection
- Acts of interference
- Safeguards to protect workers’ and employers’ organisations against acts of interference
- Safeguards to protect workers’ organisations against acts of interference
- Safeguards to protect employers’ organisations against acts of interference
- Acts covered by the legislative protection
- Remedies and sanctions foreseen against acts of interference
- Procedural safeguards recognized in the legislation
- Legal arrangements for workers’ and trade union representatives
- Time off from work to carry out their functions in the undertakings
- Protection against loss of pay or social and fringe benefits for taking time off to carry out their functions
- Time off from work to attend trade union meetings, training courses, seminars, congresses and conferences
- Access to all workplaces in the undertaking to carry out their functions
- Access to the management in the undertaking and to management representatives empowered to take decisions
- Regular collection of trade union dues on the premises of the undertaking
- Posting of trade union notices
- Distribution of trade union news sheets, pamphlets, publications among workers of the undertakings
- Access to material facilities and information where necessary for the exercise of their functions
- Access to the undertaking for trade union representatives not employed in the undertaking
- Confidentiality provisions
- +Tripartite social dialogue
- Legal and Institutional Framework
- What is the main tripartite (if relevant, tripartite plus social dialogue) institution(s) that is seen as the most important umbrella institution of general nature at national level
- What is the status of the institution(s)
- Please provide a brief description of the institution(s), including their role, aims, composition, method of work, decision-making process, and any other relevant information
- What is the founding instrument of the institution(s)?
- How many members are in the main decision making body of the institution(s)?
- Are representatives other than workers, employers and government included in the institution(s)?
- What is the mandate of the institution(s)?
- Are the decisions of the institution(s) legally binding?
- Where does the budget of the institution(s) come from?
- Practical Information
- What major tripartite agreements/social pacts that have been taken within the institution(s) in last 10 years?
- Proportion of women members in the main decision making body of the institution(s)
- +Information and consultation at the workplace
- Information and Consultation at the Workplace
- Does labour legislation provide for procedures or bodies to promote information sharing and consultation between workers and employers at the workplace?
- Legal status of information sharing and consultation bodies or procedures
- Minimum number of workers required for the establishment of information sharing and consultation procedures, or bodies
- Does labour legislation prescribe any formalities on the election of workers’ representatives in unionized and non-unionized workplaces, respectively?
- Unionized workplaces
- Non-unionized workplaces
- Protection
- Does labour legislation require the procedures or bodies that carry out information sharing, consultation or joint decision making to be registered?
- Does labour legislation define the issues that may be covered under any of the processes?
- Information sharing
- Consultation
- Joint decision-making
- Does labour legislation prescribe the frequency or minimum number of times in which these procedures must be carried out?
- Does labour legislation provide procedures to settle disputes that may arise from the interpretation or implementation of the outcomes of information sharing, consultation, or joint decision-making
- +Collective bargaining
- Subject Matter
- Does labour legislation limit any subject matters from the coverage of collective bargaining?
- Representativeness
- If no trade union meets the criteria to achieve the status of “exclusive bargaining agent” in a given bargaining unit, does the legislation grant the right to bargain to all trade unions, at least on behalf of their members?
- Does labour legislation establish a representation criterion for a trade union to negotiate a collective agreement?
- In case there are two or more trade unions at the same workplace / sector, are there any procedural requirements / criteria for the recognition of an “exclusive bargaining agent” in a given bargaining unit?
- Does labour legislation establish a representation criterion for an employer or employers’ organisation to negotiate a collective agreement?
- Hierarchy
- Does labour legislation provide for any rules / exceptions by which the provisions of the collective agreement prevail over mandatory / statutory rules?
- The relationship between collective agreements reached at different levels
- Does labour legislation provide for any rules / exceptions by which individual labour contracts prevail over collective agreements?
- Types of Collective Agreements
- Does labour legislation allow the conclusion of special types of collective agreements?
- Closed shop agreements
- Agency shop agreements
- Other
- Does labour legislation establish any rules for the endorsement or ratification of draft collective agreements by members of the organizations which negotiated the draft agreement?
- Does labour legislation establish any rules for the endorsement or ratification of draft collective agreements?
- Observance / Compliance
- Does labour legislation provide that the collective agreement is legally binding for the signatory parties?
- Duration
- Does labour legislation establish a minimum duration of collective agreements?
- Does labour legislation establish a maximum duration of collective agreements?
- Termination / denunciation of an agreement
- Coverage
- Does labour legislation provide that the collective agreement covers all workers and not only members of the trade union that concluded the collective agreement? (e.g. applicability of bargaining coverage to non-organised workers in organised workplaces)
- Extension
- Does labour legislation provide for a procedure whereby the applicability of an existing collective agreement can be extended to include employees and employers not directly covered by the agreement? (extension of bargaining coverage to non-organised workplaces. E.g. Declaration of General Applicability)
- Does labour legislation establish who can / must request the extension of collective agreements?
- Does labour legislation provide for conditions to be met before the extension of collective agreements?
- Does labour legislation prescribe any issue(s) that can be excluded from the extension of collective agreements? If yes, please specify.
- Does labour legislation provide for an exception / exemption clause? (e.g. non-party’s application for exemption from the extension of the collective agreement)
- Procedural provisions / Formalities
- Does labour legislation require the social partners to bargain in good faith?
- Does labour legislation prescribe the registration of collective agreements?
- Does labour legislation grant the possibility to amend the collective agreement?
- Does labour legislation establish any formality for collective agreements? (e.g. it must be in writing, 3 copies, in the official language, etc.)
- Categories of employers and workers covered
- Are there any categories of workers excluded from collective bargaining?
- Police / security forces
- Military (defence) forces
- Public / civil servants (Managerial and supervisory staff only)
- Others
- +Labour disputes and their resolution
- Conciliation / Mediation
- Does labour legislation prescribe a mediation / conciliation mechanism in case of disputes arising out of industrial relations?
- Voluntary mediation / conciliation
- Mandatory mediation / conciliation
- Are there any institutions / bodies authorised / entrusted with powers to provide mediation / conciliation services?
- Arbitration
- Does labour legislation prescribe an arbitration mechanism in case of disputes arising out of industrial relations?
- Voluntary
- Mandatory
- Are there any institutions / bodies authorised / entrusted with powers to provide arbitration services?
- Are the arbitration awards legally binding for the parties?
- Can the arbitration awards be challenged before a tribunal / labour court?
- Modalities of strike action
- Advance notice and cooling-off period
- Exhaustion of prior dispute resolution procedures (conciliation, mediation, and/or voluntary arbitration)
- Mediation / conciliation
- Arbitration
- Does labour legislation require a ballot to hold a strike?
- Limitations on Strikes
- Purposes of strikes
- Categories of workers excluded
- Police / security forces
- Military (defence) forces
- Public / civil servants
- Other
- Restrictions relating to Essential Services or Acute National Crises
- Does labour legislation provide for compensatory guaranties in the event of prohibition of strikes?
- Minimum services
- Restrictions on strikes during the term of a collective agreement
- Picketing, occupation of the workplace and prohibition of violence
- Requisitioning of strikers and hiring of replacement workers
- Sanctions for unlawful strikes
- Conditions to hold a Lockout