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Worker Involvement - FOA & CB

  • Updated

Each question below includes its SLCP/FSLM key and the related recommendation. In some cases, the same guidance applies to multiple IDs.

Table of Contents

 

Does the facility have : i) an established union on-site, and/or ii) workers affiliated to higher-level unions (such as sectoral unions)?

Foa-cb-2

Do trade union representatives have access to workers in the workplace?

foa-cb-3

Does the facility deduct trade union dues from wages in line with legal requirements?

Foa-cb-3--1 

Is the facility's practice around financial or other support of the union in line with legal requirements?

Foa-cb-3--5

Is the facility consulting with trade unions in line with legal requirements?

Foa-cb-3--7

Are workers and workers' representatives free to meet without the presence of management?

Foa-cb-4

Does the facility treat all trade unions equally, or as stipulated by applicable legal requirements?

Foa-cb-4--1

Is a job applicant's current or previous trade union membership or trade union activities a factor during the hiring process?

Foa-cb-4--5

Are provisions within the Collective Bargaining Agreements (CBA) at least as favorable for workers as applicable legislation?

Foa-cb-6--2

Does the employer allow workers to carry out trade union activities in accordance with applicable legal requirements?

Wi-foa-35

Is the facility failing to comply with any legal requirements not covered elsewhere regarding Freedom of Association and Collective Bargaining?

wi-foa-59

Recommendations

  • Employers should develop transparent grievance mechanisms to handle worker complaints effectively. 
  • Encourage social dialogue between workers and management, ensuring that concerns are addressed before they escalate. 
  • Regularly review labor policies to align with ILO standards, and conduct worker engagement surveys to assess compliance with fair labor practices. 
  • Provide training to HR and management to ensure that workplace policies support freedom of association and non-discrimination.

 

Can the trade union(s) freely form and join federations and confederations of their choice without interference?

Foa-cb-2--5

Does the facility require workers to join a trade union?

Foa-cb-2--6

Has the facility management tried to control, manipulate or interfere with any of the unions in the facility?

Foa-cb-4--3

Threatened intimidated, or harassed

Foa-cb-4--7-1x

Punished

Foa-cb-4--7-2x

Terminated workers or did not renew their contract

Foa-cb-4--7-3x

New workers were hired to replace striking workers during industrial actions/strikes

Foa-cb-7--2-1x

None of the above

foa-cb-4--7-5x

Workers were punished for participating in industrial actions/strikes

Foa-cb-7--2-2x

Security guards, the police, or armed forces were called by the facility to break up the industrial actions/strikes or arrest participating workers

Foa-cb-7--2-3x

Are workers free to form a trade union of their choosing?

Wi-foa-2

Are workers free to join a trade union of their choosing?

Wi-foa-3

Are legally required mechanisms for dialogue between the employer and the union(s) in place and functioning in line with legal requirements?

wi-foa-34

Were terminations of trade union official(s) (if any) in line with applicable legal requirements?

Wi-foa-37

Does the facility refuse to bargain collectively or refuse to bargain in good faith with the union, worker representatives, union federations or confederations?

Wi-foa-38

If the facility has no trade union, are workers free to choose their non-union representatives?

Wi-foa-39

Has the facility failed to implement any of the provisions in the CBAs?

Wi-foa-53

Has the facility ever tried to prevent any workers from participating in a strike?

wi-foa-55

Recommendations

  • Ensure that workers can freely form and join trade unions without fear of retaliation. Adopt a zero-tolerance policy for any form of anti-union discrimination. 
  • Conduct regular audits with independent third-party observers to ensure compliance with international labor standards. 
  • Provide training for management on fair labor practices and labor rights. 
  • Develop strong grievance mechanisms that allow workers to report violations anonymously and without fear of retaliation.

 

Are workers provided with a private meeting space at the workplace in line with legal requirements?

Foa-cb-3--9

Does the facility inform all workers about CBAs and provide copies in line with legal requirements?

wi-foa-54

Recommendations

  • Encourage voluntary worker participation in workplace decision-making by forming worker committees. 
  • Ensure that workers have access to unbiased grievance mechanisms. Establish a culture of open communication and periodic consultations between management and workers. 
  • Train workers on their rights and responsibilities, and conduct regular monitoring to improve compliance.

 

Vietnam: Has the collective agreement in force been approved by more than 50% of workers covered, as legally required?

wi-foa-60

Recommendations

  • Encourage voluntary worker participation in workplace decision-making by forming worker committees. 
  • Ensure that workers have access to unbiased grievance mechanisms. 
  • Establish a culture of open communication and periodic consultations between management and workers. 
  • Train workers on their rights and responsibilities, and conduct regular monitoring to improve compliance.

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