Regarding the dissolution or suspension of organizations, according to article 4 of Convention No. 87: “Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority”.
Review this checklist on safeguards in cases of administrative intervention:
Where judicial authorities take action, it is preferable that dissolution should be a remedy of last resort, applied after exhausting other possibilities with less serious effects for the organization as a whole.
Normal due process should as a rule be applied in judicial proceedings involving possible dissolution or suspension, including:
- Trial by an impartial and independent judiciary with the mandate to review the substance of the matter;
- Suspensive effect of a judicial appeal on the decision to dissolve;
- Adequate time to prepare a defence;
- The right to an appeal;
- A prompt hearing.