ANNEX
WORKERS' REPRESENTATIVES RECOMMENDATION, 1971 (No. 143)
The General Conference of the International
Labour Organisation,
Having been convened at Geneva by the Govern- ing Body of the International Labour Office, and having met in its Fifty-sixth Session on 2 June 1971, and
Having adopted the Workers' Representatives
Convention, 1971, and
Having decided upon the adoption of certain proposals with regard to protection and facilities afforded to workers' representatives in the undertaking, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take
the form of a Recommendation,
adopts this twenty-third day of June of the year one thousand nine hundred and seventy-one the follow- ing Recommendation, which may be cited as the Workers' Representatives Recommendation, 1971:
I. METHODS OF IMPLEMENTATION
1. Effect may be given to this Recommendation through national laws or regulations or collective agreements, or in any other manner consistent with national practice.
II. GENERAL PROVISIONS
2. For the purpose of this Recommendation the term "workers' representatives " means persons who are recognised as such under national law or prac- tice, whether they are-
(a) trade union representatives, namely representa- tives designated or elected by trade unions or by the members of such unions; or
(b) elected representatives, namely representatives
who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country con- cerned.
3. National laws or regulations, collective agree- ments, arbitration awards or court decisions may determine the type or types of workers' representa- tives which should be entitled to the protection and facilities provided for in this Recommendation.
4. Where there exist in the same undertaking both trade union representatives and elected representa- tives, appropriate measures should be taken, wher- ever necessary, to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to encourage co-operation on all relevant mat- ters between the elected representatives and the trade unions concerned and their representatives.
III. PROTECTION OF WORKERS' REPRESENTATIVES
5. Workers' representatives in the undertaking should enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements.
6. (1) Where there are not sufficient relevant protective measures applicable to workers in general, specific measures should be taken to ensure effective protection of workers' representatives.
(2) These might include such measures as the following:
(a) detailed and precise definition of the reasons justifying termination of employment of workers' representatives;
(b) a requirement of consultation with, an advisory opinion from, or agreement of an independent body, public or private, or a joint body, before the dismissal of a workers' representative be- comes final;
(c) a special recourse procedure open to workers' representatives who consider that their employ- ment has been unjustifiably terminated, or that they have been subjected to an unfavourable change in their conditions of employment or to unfair treatment;
(d) in respect of the unjustified termination of employment of workers' representatives, provi- sion for an effective remedy which, unless this is contrary to basic principles of the law of the country concerned, should include the reinstate- ment of such representatives in their job, with payment of unpaid wages and with maintenance of their acquired rights;
(e) provision for laying upon the employer, in the case of any alleged discriminatory dismissal or unfavourable change in the conditions of em- ployment of a workers' representative, the bur- den of proving that such action was justified; (ƒ) recognition of a priority to be given to workers' representatives with regard to their retention in employment in case of reduction of the work force.
7. (1) Protection afforded under Paragraph 5 of this Recommendation should also apply to workers who are candidates, or have been nominated as candidates through such appropriate procedures as may exist, for election or appointment as workers' representatives.
(2) The same protection might also be afforded to workers who have ceased to be workers' representa- tives.
(3) The period during which such protection is enjoyed by the persons referred to in this Paragraph may be determined by the methods of implementa-