Trade Union Rights
Freedom of association is a fundamental right enabling workers to organise, choose their representatives, defend their interests collectively and negotiate employment terms and conditions without interference, discrimination or pressure because of their trade union activities.
Freedom of association is more than union membership
Freedom of association comprises connected rights that enable workers to organise independently and express and defend their interests collectively.
Forming trade unions
Workers have the right to establish and join organisations of their choosing.
Choosing representatives
Union members have the right to elect their representatives and manage their organisations freely.
Collective bargaining
Representing workers and bargaining collectively over wages and employment terms and conditions.
Protection against discrimination
Workers must not be harmed because of union membership or participation in lawful union activity.
Freedom of association under ILO standards
Conventions Nos. 87 and 98 are the two main ILO instruments on freedom of association, the right to organise and collective bargaining.
Freedom of Association and Protection of the Right to Organise Convention
Right to Organise and Collective Bargaining Convention
Fundamental conventions complementing workers’ rights protection
Abolition of forced or compulsory labour
The Abolition of Forced Labour Convention, 1957 (No. 105), forms part of the standards to eliminate coerced labour.
Convention No. 105 ↗Equality and non-discrimination
The Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
Convention No. 100 ↗ Convention No. 111 ↗Eliminating child labour
The Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182).
Convention No. 138 ↗ Convention No. 182 ↗Fundamental conventions — International Labour Organization ↗
Trade union freedoms in Palestinian legislation
The right to organise in Palestine is grounded in guarantees in the Palestinian Basic Law and Labour Law No. 7 of 2000, alongside legislation and procedures governing collective labour relations.
Palestinian Basic Law — organising is a constitutional right
The Basic Law affirms that trade union organisation is a right regulated by law and that the right to strike is exercised within the law.
Article 26It guarantees Palestinians the right to form trade unions, associations, federations, leagues and popular institutions in accordance with the law.
Palestinian Labour Law — the right to organise
The Labour Law recognises workers’ and employers’ right to form occupational trade union organisations to protect their interests and defend their rights.
It also guarantees government and local authority employees the right to form their own unions, despite their exclusion from certain provisions of the Labour Law.
Collective bargaining — freedom to negotiate without pressure
The Labour Law defines collective bargaining as dialogue between trade unions or worker representatives and employers or their representatives to resolve collective disputes, improve employment terms and conditions, or raise productivity.
The law affirms that collective bargaining takes place freely and without pressure or influence, and that each party may appoint its representatives without objection from the other party.
Bargaining may take place at enterprise, economic sector or national level.
Collective agreements and freedom to exercise trade union activity
The Palestinian Labour Law includes freedom to exercise trade union activity among the minimum provisions required in a collective agreement.
This directly links trade union freedom to the regulation of labour relations and improved working conditions.
Protection against dismissal for trade union activity
The Labour Law provides protection relating to union membership, participation in union activities and representative duties on behalf of workers, reinforcing the principle that workers must not be harmed because of union activity.
Dismissal or other harm because of trade union activity may constitute a violation requiring documentation and assessment of appropriate legal action.
Strikes under Palestinian Labour Law
Palestinian law recognises strikes and regulates their exercise, including notice requirements and procedures for collective labour disputes.
The exercise of the right to strike must therefore be considered in light of the laws and procedures applicable to each case.
“Trade union organisation is a right regulated by law.”
Palestinian Basic Law — Article 25How does trade union freedom lead to better rights?
Organising workers
Workers come together in a union that represents their interests.
Choosing representatives
Choose representatives able to express workers’ demands.
Collective bargaining
Negotiate wages, working conditions and rights.
Collective agreement
Turn negotiation outcomes into clear commitments and working conditions.
Position of the Palestinian General Federation of Trade Unions
The Palestinian General Federation of Trade Unions regards freedom of association, independent democratic mass organisation and collective bargaining as essential foundations for defending workers’ rights, social justice and decent work.
A broad-based, democratic and independent trade union movement
Trade union rights must be effectively exercised in workplaces, not remain only legal provisions.
The Federation emphasises a legislative and institutional environment that protects workers’ right to organise, guarantees trade union independence and shields workers and their representatives from discrimination, pressure or retaliation for union activity.
Potential violations of trade union freedoms
Some practices may undermine workers’ rights to organise or participate in unions. The Observatory documents violations and examines each case’s circumstances.
Dismissal for union activity
Dismissal or threats of dismissal because of union membership or participation.
Pressure to leave a union
Pressuring a worker to withdraw from a union or refrain from joining.
Discrimination based on membership
Unequal working conditions, opportunities or treatment because of union membership or activity.
Obstructing union activity
Measures intended to disrupt or prevent lawful trade union activity.
Interference in union affairs
Interference in a union’s decisions or representatives that undermines its independence.
Obstructing collective bargaining
Pressure or interference that impedes free representation or collective bargaining.
Have your trade union rights been violated?
Answer the following questions for initial guidance. This awareness tool does not provide a legal determination of your case.
1. Have you been dismissed or threatened with dismissal because of union membership or activity?
2. Have you been pressured to leave a union or not to join one?
3. Has your treatment or your working conditions changed because of union activity?
4. Have you been prevented from, or obstructed in, taking part in lawful union activity?
5. Do you believe there has been interference in the selection of worker representatives or union decisions?
Have your trade union rights been infringed?
If you face dismissal, threats, discrimination or pressure because of union activity, or witness a violation of workers’ rights, contact the Observatory through the service best suited to your situation.