Answer: The ILO Tripartite Declaration on Multinational Enterprises and Social Policy (“MNE Declaration”) states that enterprises “should contribute to the implementation of and follow-up to the ILO Declaration on Fundamental Principles and Rights at Work (FPRW) adopted in 1998”. [1] The FPRW is interested in the importance of respect for freedom of association and the right to collective bargaining, as well as other “core labour standards” in relation to child labour, forced labour and non-discrimination. Companies “should also respect the commitments they have made voluntarily, in accordance with national law and international obligations”. [2] Promoting the recognition of the right to collective bargaining in the supply chain can be an effective way to contribute to the implementation of the 1998 Declaration. In June 2007, the Supreme Court of Canada considered at length the reasons for considering collective bargaining a human right. In the case of the Facilities Subsector Bargaining Association against British Columbia, the Court found that: Since we will be working with union members on a daily basis as managers and professionals, a positive relationship can not only support day-to-day business, but also facilitate the bargaining process. Getting input from the union before decisions are made can be a step towards creating that positive relationship. Transparent communication is another way to achieve this goal. Invalidity Employers and workers, whether isolated or as representatives through trade unions and employers` organizations, have the right to bring an action before industrial tribunals seeking the invalidation of clauses contained in the instruments of collective labour regulations which, in their opinion, infringe the law (article 43 of the Law on Collective Labour Relations). During the collective bargaining process, one of the main concerns is how much workers will be paid and what kind of benefits they will receive. The factors normally negotiated are how and when to make wage increases, the type of benefits available to workers, and the amount each party will pay for the cost of benefits. These issues concern not only the general well-being of union employees, but also the profitability of the company during the contract. The achievement of a compromise generally takes both aspects into account.
Question: Can you give a guide on the establishment of a protocol on the relations between management and workers, in particular the elements and mechanisms necessary for a mature industrial relations system? The right to collective bargaining is recognized by international human rights conventions. . . .
