ТРЕХСТОРОННЯЯ ДЕКЛАРАЦИЯ ПРИНЦИПОВ, КАСАЮЩИХСЯ МНОГОНАЦИОНАЛЬНЫХ КОРПОРАЦИЙ И СОЦИАЛЬНОЙ ПОЛИТИКИ. Декларация. Международная организация труда. 16.11.77

Collective bargaining

     49. Workers employed by multinational enterprises should have the
right,   in  accordance  with  national  law  and  practice,  to  have
representative organizations of their own choosing recognized for  the
purpose of collective bargaining.
     50. Measures appropriate to national conditions should be  taken,
where  necessary,  to  encourage  and promote the full development and
utilization of machinery for voluntary negotiation  between  employers
or employers` organizations and workers` organizations, with a view to
the regulation of terms and  conditions  of  employment  by  means  of
collective agreements <16>.
     --------------------------------
     <16> Convention No. 98, Article 4.

     51. Multinational  enterprises,  as well as national enterprises,
should provide workers` representatives with such facilities as may be
necessary  to  assist  in  the  development  of  effective  collective
agreements <17>.
     --------------------------------
     <17> Convention (No. 135) concerning Protection and Facilities to
be Afforded to Workers` Representatives in the Undertaking.

     52. Multinational   enterprises  should  enable  duly  authorized
representatives of the workers in their  employment  in  each  of  the
countries   in   which  they  operate  to  conduct  negotiations  with
representatives of management who are authorized to take decisions  on
the matters under negotiation.
     53. Multinational  enterprises,  in  the  context  of  bona  fide
negotiations  with  the  workers`  representatives  on  conditions  of
employment,  or while workers are exercising the  right  to  organize,
should  not  threaten  to  utilize a capacity to transfer the whole or
part of an operating unit from  the  country  concerned  in  order  to
influence unfairly those negotiations or to hinder the exercise of the
right to organize; nor should they transfer workers from affiliates in
foreign  countries  with  a view to undermining bona fide negotiations
with the workers` representatives or the workers`  exercise  of  their
right to organize.
     54. Collective  agreements  should  include  provisions  for  the
settlement   of   disputes   arising  over  their  interpretation  and
application  and  for   ensuring   mutually   respected   rights   and
responsibilities.
     55. Multinational    enterprises    should    provide    workers`
representatives  with information required for meaningful negotiations
with the entity involved and,  where this accords with local  law  and
practice,  should  also provide information to enable them to obtain a
true and fair  view  of  the  performance  of  the  entity  or,  where
appropriate, of the enterprise as a whole <18>.
     --------------------------------
     <18> Recommendation  (No.  129) concerning Communications between
Management and Workers within the Undertaking.

     56. Governments should supply to the representatives of  workers`
organizations   on   request,   where  law  and  practice  so  permit,
information on the industries in which the enterprise operates,  which
would  help  in  laying  down  objective  criteria  in  the collective
bargaining process. In this context, multinational as well as national
enterprises  should  respond constructively to requests by governments
for relevant information on their operations.