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 is 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.

Common issues 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.