This article presents the national legal regulation of the constitutional right to freedom of association, emphasizing the role of organizing and collective bargaining in the realization of this right. It discusses certain challenges related to the constitutional right of workers to freely associate, particularly concerning the formation of trade union federations. These issues are examined within the framework of the International Labour Organization’s conventions: the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Special attention is given to the high threshold for establishing associations (sectoral, territorial, republican) set by the Law of the Republic of Armenia “On Trade Unions” and, correspondingly, mirrored in the Law “On Employers’ Unions,” which may in practice hinder the formation of trade union associations. Observations of the ILO’s Committee on Freedom of Association are presented regarding how minimum membership requirements should be assessed and what kind of regulations promote organizational diversity. The existence of more than one union at the sectoral/territorial level is justified by the need to conduct effective collective bargaining and negotiation. Based on the analysis conducted, the article proposes amending the minimum threshold required for establishing trade union associations as stipulated in the Law of the Republic of Armenia on Trade Unions.
Izabella Iskandaryan (Wed,) studied this question.