The construction is as follows. Three sources of text are studied: the ICFTU`s annual survey on trade union rights violations, the US State Department`s national reports on human rights practices, and the ILO reports of the Committee for Freedom of Association. The problems encountered are coded and then assigned for weighted indicators, according to the evaluation criteria, with a weight of 1, 1.25, 1.5, 1.75 or 2, with larger weights that indicate more serious problems (based on the language used in the reports of the Committee on Freedom of Association). These values are then added together using the evaluation criteria to obtain an un modulated gross value for each country. In addition, each country that is subject to general prohibitions on the right to form and join trade union organizations, the general absence of the aforementioned grounds resulting from socio-economic collapse or general prohibitions on the right to collective bargaining, achieve by default the worst possible score (for more details, see Kucera, 2007). These indicators of freedom of association and collective bargaining are based on 37 evaluation criteria that address both legal and de facto problems. The evaluation criteria are based on the ILO conventions on freedom of association and the protection of the right to organize (No. 87), 1948 and the right to collective organization and bargaining (No. 98), 1949 and related ILO jurisprudence, as well as the problems found in the text sources. Indicators are structured in an unweighted and weighted form.
Critical issues are at odds with private sector trade unionism. Although Article 243 of the Labour Code defines overall the scope of the right to self-organization for all workers, whether covered by a formal employee-employer ratio or by self-employed workers, this right is practically only available to employees who fall under a formal employee-employer relationship. The organization and collective bargaining of trade unions are decentralised and company-oriented. In 2004, there were more than 15,000 registered unions, with about 1.3 million members. However, not all unions are in a position to enter into a collective agreement (CBA). In 2004, there were only 2,798 CBAs employing 555,000 people, or about 43% of all union membership and 3.3% of employees. The objectives of unions and collective bargaining remain focused on traditional issues such as wages, supplementary benefits, safety and safety at work. A collective agreement (CBA) is in many ways like a contract between management and labour. A collective agreement is a “written or written agreement… Previous theoretical studies on tariff behaviour have focused on whether such good deals allow firms to remain on their labour curves (the “monopoly union” model) or whether wages and employment are set at the same time (“the effective bargaining model”). Collective bargaining is a form of setting the wages, employment and working conditions of higher education staff and is defined as a standard in both international labour standards of the International Labour Organization (ILO) and the instruments of the United Nations Educational, Scientific and Cultural Organization (UNESCO). The right to create trade unions and take strike action is essential to the effectiveness of negotiations.