The independence of trade unions

An independent trade union can best be described as a workers’ organisation that is free from the control of employers, employer associations, the government or political organisations. Its primary purpose is to advocate for and advance the rights and interests of its members through the process of collective bargaining with employers for better pay and working conditions and to provide support and advice on workplace issues.

 

The trade union operates as an autonomous body. This means that it is operating with self-governance. Therefore, it is not influenced by or dictated to by the government or the employer, even when the union is receiving financial support from them in the form of a subvention or grant funding. Acting as an independent body, its paying membership expects to benefit from negotiated agreements, representation at meetings and access to legal and financial advice.

 

It is the norm for a trade union to be registered, thus enabling it to be accorded legal status as a body corporate in its functioning. Registration is the process which formalises the union’s structure. The certificate of registration is considered conclusive evidence of independence for legal purposes and grants the union specific statutory rights. As a registered organisation, a trade union can take legal action to protect its membership from unfair treatment and exploitation.

 

The independent status of a trade union does not mean that the body is not subject to the laws of the land. The point is to be reiterated that the “independence of trade unions” refers to their autonomy from employer or government control and interference in their internal operations, but not immunity from national legislation. In summary, the legal registration of a trade union does not guarantee its substantive independence.

 

The independence of a trade union is supported by international labour standards, such as those approved by the International Labour Organisation (ILO). These labour standards emphasise the right of workers’ organisations to function with autonomy, free from employer or state interference, which is a key aspect of freedom of association.

 

History recalls that Margaret Thatcher’s Conservative government, first elected in 1979, saw trade unions as an obstacle to economic growth.  The government went as far as to pass repressive labour legislation to hinder the work of trade unions. This example underscores why it is paramount for trade unions to guard and maintain their independence.

 

In guarding and maintaining their independence, trade unions are encouraged to maintain a degree of autonomy from employers and political parties. There must be a commitment to the building of strong internal structures that include the preservation of good governance, adherence to democratic principles, and the observance of good practices and ethical standards. By doing so, this would demonstrate that the trade union, as an independent body, has a sound organisational character.  The character of a trade union could best be reflected through its vision and mission, code of conduct, reputation and decision-making process.

 

As an independent organisation, the trade union ought to be strategic in its relationship and engagement with the government and the employer. It is recommended that there is proactive engagement with government bodies. Every effort should be made to avoid having to rubber-stamp decisions already made by the authorities. With the understanding that financial independence is preferred, it is in the trade union’s best interest to avoid being financially dependent on support funding from the government, employers, political parties and political organisations.