ABSTRACT
All of the national legal systems recognise the right of employers and workers to associate freely, by setting up associations or unions. Although the picture is very varied, it is possible to distinguish the following categories:
(a) Systems in which only a general right of association is recognised, protecting employers and workers.
This is the case with Austria, Belgium, Denmark, Finland, The Netherlands, Norway, 167 Sweden, and the United Kingdom, with provision for the right of association or of free association – terms which demonstrate that we are dealing with a freedom or liberty which is recognised in favour of the individual, as the scope of his power or rights of action vis-à-vis the State, all public bodies and other citizens. However, the extent to which these benefits or rights come into conflict, when the rights of some clash with those of others, will have to be given due consideration.
(b) Systems in which the right of employers to form associations (in accordance with the general right of association or with the specifics of the associations of employers themselves) and the right of workers to form unions are both recognised.
This is the case in Germany, Iceland, Ireland (which, in fact, recognises the right to form "associations and unions"), Portugal and Spain. However, from this there does not derive any real inequality of powers, rights, functions or possibilities of action between some social persons and others, since each is generally treated as equal in their respective spheres, with similar requirements and treatment, except in the exclusive aspects of each in accordance with their legal, economic and social position and of their members in working relations. There are extreme cases in which, however, we can see signs of favouring the unions or compensating them for their prior situation of being prohibited or considered inferior.
100(c) Systems in which the right to unionise as such extends to both social agents. This is the situation which occurs in Italy.
