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Indicator 3.6.1
by Contact on 8 October 2026
Requirement
The UoC shall allow all employees to join or form a trade union or worker organisation. An exception applies where this is restricted by applicable law, in which case the UoC shall allow alternative lawful mechanisms for employee engagement.
How Do I Interpret This Requirement?
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A trade union or worker organisation represents workers’ labour interests and concerns.
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Employees are allowed to choose:
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whether or not to become a member of a trade union or worker organisation
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which organisation they choose.
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Freedom of association enable employees to:
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collectively advocate for their rights
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negotiate employment terms and conditions
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address workplace grievances effectively.
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These practices make them less vulnerable to unfair and exploitative practices in the workplace.
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Allowing employees to engage in this process includes ensuring that they understand:
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what freedom of association is
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that they have the right to engage in it.
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In cases in which national regulation does not reference migrant employees or does not allow them to join trade unions, the UoC must allow and should encourage them to form an internal employees’ committee that meets periodically and represents migrant employees.
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The term ‘lawful mechanism’ means a legal process.
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In countries where the right to freedom of association is restricted by law, the management must allow employees to choose to have parallel means of association.
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For example, employees can develop an internal employee committee that meets periodically and represents the diversity of employees.
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Evidence of Implementation
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documents, records or other evidence that show how sites have informed their employees that they are free to join or form workers’ organisations of their own choosing, such as:
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employee contracts
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employee handbook
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training records
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written policy
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displayed information on the site
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documents that show how sites have informed their employees of the right to join an alternative organisation
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meeting minutes of alternative organisations.
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Auditors Should Confirm
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whether local laws and regulations permit freedom of association;
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employees’ awareness and knowledge of their right to join trade unions and other workers organisations;
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information from documents and records match with information from employee interviews;
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employee knowledge and awareness on:
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their right to form or join an alternative worker organisation
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their ability to form or join a workers’ organisation, and/or any barriers to doing so.
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Useful Resources
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FOA & worker representation: company guidance. Ethical Trading Initiative.
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Q&As on Business and freedom of association. International Labour Organisation (ILO).
