These are covered in Convention No. 98, art. 1.
1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.
2. Such protection shall apply more particularly in respect of acts calculated to--
(a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership;
(b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours.
See also: Article 1 of Convention No. 135 concerning workers’ representatives and Article 4 of Convention No. 151 concerning public servants.
According to ILO key principles, the State must adopt:
- Legislative provisions prohibiting acts of anti-union discrimination. These must be broad enough in scope to cover all possible types of such discrimination, such as refusal to hire, dismissal, transfer, demotion, refusal to train, etc.
- National procedures must ensure that complaints of anti-union discrimination are examined promptly, impartially, inexpensively and effectively.