Protection against discrimination

Sect. 170CK. (1) An employer must not terminate an employee's employment for any one or more of  the following reasons, or for reasons including any one or more of the following reasons:

(a) trade union membership or participation in trade union activities outside working hours or, with the employer's consent, during working hours;

(b) non-membership of a trade union;

(c) seeking office as, or acting or having acted in the capacity of, a representative of employees.

[Australia, Workplace Relations Act 1996]

Sect. 6.  Protection of employees.

(1) No person shall, in respect of any employee or any person seeking employment

(a) require that he or she not be or not become a member of a trade union or require him or her to relinquish such membership;

(b) dismiss or prejudice such person because of trade union membership or participation in the formation of the lawful activities of a trade Union;

(c) dismiss or prejudice such person because of his or her exercise or anticipated exercise of any right recognized by this Act or any other Act relating to employment, or for participating in any proceedings pursuant to those Acts;

(d) prevent or attempt to prevent such person from exercising any right recognized by this Act or any other Act relating to employment, or from participating in any proceedings under those Act;

(e) threaten such person with any disadvantage for exercising any right recognized by or for participating in any proceedings under this Act or any other Act relating to employment;

(f) promise such person any benefit or advantage for not exercising any right recognized by or not participating in any proceedings under this Act or any other Act relating to employment;

(g) dismiss or prejudice such person for refusing to do work normally done by an employee who is lawfully on strike or who is locked out, unless such work constitutes an essential service.

(2) Where it is shown that an employee was dismissed or otherwise prejudiced and it is alleged that such dismissal or prejudice was contrary to subsection (1), the burden is on the employer to prove that the act was not committed in breach of the subsection.

[Malawi,  Labour Relations Act, 1996]

Sect. 6.  Protection of basic worker rights in respect of freedom of association.

(1) No employer, and no person acting on behalf of an employer, shall, with respect to any employee or person seeking employment -

(a) require that he or she shall not join or shall relinquish membership in a trade union or shall not participate in lawful trade union activities;

(b) discriminate or take or threaten any prejudicial action, including disciplinary action or dismissal, against such employee or person by reason of

(i) trade union membership or participation in lawful trade union activities;

(ii) his or her exercise of any other right conferred by this act; or

(iii) his or her participation in any capacity in any proceedings under this act;

(c) benefit or advantage, or promise to benefit or advantage, such employee or person for not exercising any right conferred by this Act or for not participating in any capacity in a proceeding under this Act

(2) Any term in a contract of employment or collective agreement that seeks to restrain any employee from exercising any right conferred or recognized by this Act shall be null and void, whether agreed to before or after the coming into force of this Act.

(3) Nothing in this section shall be interpreted as preventing an employer from fairly dismissing, or disciplining by measures short of dismissal, an employee for a void in reason, in accordance with [the relevant Act]

[ILO draft provision for a Member]

Sect. 103.  Personal grievance

(1) For the purposes of this Act, personal grievance means any grievance that an employee may have against the employee's employer or former employer because of a claim --

(a) that the employee has been discriminated against in the employee's employment:...

Sect. 104.   Discrimination

(1) For the purposes of section 103(1)(c), an employee is discriminated against in that employee's employment if the employee's employer or a representative of that employer, ...by reason directly or indirectly of that employee's involvement in the activities of a union in terms of section 107, -

(a) refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances, or

(b) dismisses that employee or subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or

(c) retires that employee, or requires or causes that employee to retire of resign.

(2) For the purposes of this section, detriment includes anything that has a detrimental effect on the employee's employment, job performance, or job satisfaction.

Sect. 107.  Definition of involvement in activities of union for purposes of section 104.

(a) For the purposes of section 104, involvement in the activities of a union means that, within 12 months before the action complained of, the employee -

(b) was an officer of a union or part of a union, or was a member of the committee of management of a union or part of a union, or was otherwise an official or representative of a union or part of a union; or

(c) had acted as a negotiator or representative of employees in collective bargaining; or

(d) was involved in the formation or the proposed formation of a union; or had made or caused to be made a claim for some benefit of an employment agreement either for that employee or any other employee, or had supported any such claim, whether by giving evidence or otherwise, or

(e) had submitted another personal grievance to that employee's employer, or

(f) had been allocated, had applied to take, or had taken an employment relations education leave under this Act; or

(g) was a delegate of other employees in dealing with the employer on matters relating to the employment of those employees.

[New Zealand, Employment Relations Act, 2000 (amended by Employment Relations (Validation of union Registration and other matters) Amendment Act 2001)]

Sect. 81. Employers shall not commit an act which falls within any of the following subparagraphs (hereinafter referred to as "unfair labor practices"):

dismissal of or discrimination against a worker on the grounds that the worker has joined, or intended to join a trade union or to establish a trade union, or has performed a justifiable act for the operation of a trade union.

[Korea, Trade Union and Labour Relations Adjustment Act (Law No. 5310), 1997]

Section 363. The annual general assembly will appoint one or more commissaries, who must be members of the trade union, to audit the use of funds, with the right to convoke the general assembly in case of pressing need.

Section 364. Commissaries have the right to take control of the books and to examine the operations carried out by the board of directors every time they consider it relevant for the interest of the union.

Section 365. The board of directors must generate, every three months, a statement of the assets and debts of the union, and every year, on the date set on the statutes, an inventory of its assets. A copy of all these statements must be furnished to the commissaries.
Section 366. The commissaries must present a report about the financial records that the board sends every year to the general assembly. The deliberation that includes the approval of the financial records will be null if it is not preceded by the commissaries report.

Section 371. The trade union is under the obligation to keep the following books, which must be foliated and signed on the first and last pages by the peace judge of the locality.
…
2) an inventory book of all the assets, movable or immovable, of the union;
3) a diary book on which all income and expenses of the union are recorded, with an exact explanation of its procedure and investment and any other books kept for the same purpose.

[Dominican Republic, Labour Code, 1992]

Protection against Interference

Sect. 94. (1) No employer or person acting on behalf of an employer shall:

(a) participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union; or

(b) contribute financial or other support to a trade union.

[Canada, Labour Code (R.S.C. 1985, c. L-2)]

Sect. 56.

(1) Employees' shall have the right to organise themselves in any trade union and may assist in its running and may bargain collectively through a representative of their own choosing and may engage in other lawful activity which is for the purpose of collective bargaining or other mutual aid or practice.

(2) An employer shall not,

(a) interfere with, restrain or coerce an employee in the exercise of the employee's rights guaranteed under this section;

(b) interfere with the formation or administration of a trade union;

(c) discriminate in regards to hire, tenure or any terms or conditions of employment to discourage membership in any trade union.

[Uganda, Trade Unions Decree 1976]

Sect. 9. Protection of trade unions against interference.   No employer or employers' organization, and no person acting on behalf of an employer or employers organization, shall promote the establishment of an employees' organization under the domination of an employer or employers' organization, or shall support an employees' organization by financial or other means with the object of placing such organization under the control of an employer or employers' organization.

[ILO draft provision for a Member]

Sect. 17. It shall be unlawful for an employer to set up or, financially or otherwise, support any form of workers' trade union association.

[Italy, Act to Make Rules to Safeguard the Freedom and Dignity of Workers and the Freedom of Trade Unions and of their Activity at the Workplace, and Rules with Regard to Placement, 20 May 1970 (No. 300)]

Sect. 5. Trade unions shall carry out their activity independently of state bodies, institutions, political parties and public associations and shall not be accountable to them. Any interference likely to impair the exercise of trade unions' rights shall be prohibited except where otherwise provided by this Act.

[Azerbaijan, Trade Union Act No, 792 of 24 February 1994]

Sect. 3. State bodies, employers and their agents, managerial and administrative bodies, executives of enterprises, establishments and organizations, political parties and other social bodies, are forbidden to interfere in the internal affairs of trade unions. Persons who impede the lawful activities of trade unions shall be punished under the law.

[Lithuania, Trade Union Act No. I-2018 of 21 November 1991]

Section 333. It is forbidden to employers to effect disloyal practices or those which are against professional work ethics.
Among others, the following actions will be considered disloyal or against professional work ethics:
(5) To interfere in any way in the creation or administration of a trade union, or to sustain it by financial or other means.
…
(7) To use force, violence, intimidation or threats or any other manner of coercion against the workers or trade unions with the purpose of avoiding or impeding the exercise of the rights acknowledged by the law in their favor.

[Dominican Republic, Labour Code, 1992]