Lack of freedom of association and collective bargaining

Freedom of association is a basic human right. It ensures that every individual is free to organise and to form and participate in groups, either formally or informally. The right of workers and employers to form and join organisations of their own choosing means they can associate to negotiate work relations effectively. Combined with freedom of association, collective bargaining ensures that workers have an equal voice in negotiations and that the outcome is fair and equitable.

The right to form and join trade unions is included in the UN's 1948 Universal Declaration of Human Rights. The Freedom of Association and Protection of the Right to Organise, and the Right to Organise and Collective Bargaining, are two of the International Labour Organization's (ILO) eight core conventions. Freedom of association and the right to collective bargaining are considered enabling rights for the exercise of many other rights guaranteed under international law.

Union membership rates in electronics hardware manufacturing are very low. In production locations in Asia, such as Taiwan, Malaysia, Vietnam, or Thailand, few factories have an independent union. In China there are no independent unions as they are all state controlled. In some countries, the state restricts freedom of association. Migrant workers are often denied the legal right to join a union.

One of Electronics Watch's strategic goals is for workers to exercise their right to organise with support from affiliated public buyers. Effective collective bargaining is key to securing meaningful improvements in working conditions for all workers.

  • IndustriALL logo

Collaboration with trade unions

Electronics Watch has established a Memorandum of Understanding with IndustriALL Global Union, which represents over 50 million workers in 130 countries. The collaboration promotes freedom of association and collective bargaining rights in global supply chains. It applies to facilities that are linked to Electronics Watch affiliates and which are organised by lndustriALL Global affiliates. This may include mines, smelters, refineries, and manufacturing sites. Our goal is to ensure trade union recognition based on free and fair elections, without interference or intimidation.

Common issues facing trade unions and union organisers include:

Union-busting: a range of legal and illegal activities undertaken to disrupt or weaken the power of trade unions or their attempts to grow their membership in a workplace. Union-busting includes the harassment of union members and attempts to pre-empt unionisation and prevent organising. Organisers and union members may be fired or treated unfavourably.

Company or 'yellow' unions: are dominated or unduly influenced by an employer and therefore not independent. They are less likely to push for large-scale pro-worker changes than independent unions.

Further reading

You can read about an example of union-busting from Taiwan here and organising efforts in India here, or watch our webinar that explains why  so few workers in the electronics industry can freely exercise their right to freedom of association.