Workers’ and employers’ organizations have the right to establish and join federations and confederations and any such organization, federation or confederation has the right to affiliate with international organizations of workers and employers.
The ILO supervisory bodies have deemed contrary to the ILO standards and principles cases where:
- A requirement of an excessively large minimum number of member organizations has been imposed;
- A prohibition has been imposed on setting up more than one confederation per occupation, branch of activity or region;
- The law enumerates which federations may be legally established;
- Prior authorization is required before a federation may be legally established;
- A legal requirement of a two-third majority vote of the members of federations for the establishment of a confederation.
Concerning limitations on international affiliation, the ILO supervisory bodies have deemed contrary to ILO standards and principles cases where:
- Only one, named national body is permitted to affiliate internationally;
- International affiliation is not allowed;
- Prior authorization by the public authorities is required for international affiliation;
- There are restrictions on assistance, communications or contacts resulting from international affiliations.