Freedom of Association & Worker Voice

Identify procurement categories and sourcing regions with elevated risk of restrictions on freedom of association and worker voice, based on factors such as:

• inadequate legal frameworks offer a poor standard of legal protections of the right to freedom of association
• government interference in the formal registration process of unions or legal restrictions on organizing
• weak enforcement of labour laws due to inadequate training, an under-resourced labour inspectorate or high levels of corruption
• high levels of informality in a country’s workforce
• sectors with low unionization rates
• supply chains reliant on temporary, migrant or agency workers who face barriers to collective action

Establish commitment to freedom of association in supply chains, requiring suppliers to comply with applicable labour laws and respect ILO Conventions 87 and 98 and covering the following topics:

• right of workers to form and join trade unions or worker organizations of their choice
• right to collective bargaining
• protection from retaliation, intimidation or discrimination for union membership or activity
• requirement that management does not interfere with, obstruct or dominate worker organizations
• right to raise concerns, report grievances, and share information about working conditions without censorship or punishment

Set targets for percentage of suppliers with a stated policy on freedom of association and worker representation.

Add worker voice and freedom of association questions to supplier pre-qualification and RFPs:

• policy on freedom of association and collective bargaining
• existence of trade unions, worker committees or other worker representation structures
• presence of a grievance mechanism accessible to all workers
• policy on non-retaliation for raising workplace concerns

Prioritize suppliers with advanced responses on worker voice and freedom of association questions.

Include contractual clauses requiring respect for freedom of association and the right to collective bargaining in accordance with applicable law and ILO principles.

Work with suppliers to assess the current state of their freedom of association and worker voice practices and, where gaps are identified, agree on priority areas for improvement.

Provide guidance or training to supplier workers on freedom of association policies and rights, including topics such as:

• workers' rights to organize and bargain collectively under ILO Conventions 87 and 98
• recognizing and preventing anti-union practices and retaliation
• establishing and maintaining effective grievance mechanisms
• management's role in respecting and not interfering with worker organizations
• where national law restricts freedom of association, establishing credible alternative worker voice mechanisms
• case studies on effective worker voice programmes

Request / support suppliers with gathering data on:

• number and nature of worker grievances received and resolved
• existence and type of worker representation (trade union, worker committee, other)
• worker awareness of grievance mechanisms and their rights

Support the supplier with developing a policy on freedom of association such as based on the UN Global Compact Human Rights Navigator, including:

• referencing the ILO Convention on Freedom of Association and Protection of the Right to Organize (No. 87) and ILO Convention on the Right to Organize and Collective Bargaining (No. 98)
• acknowledging workers’ right to freely join organizations of their own choosing without previous authorization or fear of intimidation or reprisal;
• including a commitment to upholding the ILO Fundamental Principles and Rights at Work;
• committing the organization not to interfere in workers’ decisions to associate, not to influence their decision in any way and not to discriminate against workers who choose to associate;
• recognizing the right of workers to elect their own representatives without interference;
• informing workers about the benefits of joining a union;
• making clear the company’s expectations toward personnel, business partners and other parties directly linked to its operations, products or services.

Fund supplier access to worker voice assessment tools, grievance mechanism design resources and training materials.

Require suppliers to complete self-assessment questionnaires on freedom of association, including documentation and evidence on:

• verification that a freedom of association policy exists and is communicated to workers
• confirmation that a grievance mechanism is in place and accessible to all workers, including temporary and migrant workers
• review of whether workers are aware of their rights to organize and raise concerns
• verification that workers have access to grievance mechanisms without fear of retaliation

Launch pilot projects with suppliers in high-risk categories to establish independent, confidential worker voice channels, such as anonymous surveys, third-party hotlines or worker-led feedback mechanisms.

Track the following:

• percentage of suppliers that have freedom of association policy
• number of suppliers that have completed self-assessment questionnaires

Include freedom of association and worker voice as a component in supplier scorecards, covering policy existence and execution, self-assessment completion, grievance mechanism presence and worker representation.

Gather feedback from suppliers on effectiveness of engagement programmes.