11/27/2023 0 Comments Lawful strike definition![]() ![]() In 2013, the employer representatives in the CAS explicitly stated that they did not concur with the recommendations of the CEACR, since they did not agree that there was a right to strike recognised in Convention 87. ![]() The CAS also draws up conclusions and recommendations addressed to governments and inviting them to take specific actions. The CAS is a tripartite body made up of government, employer, and worker representatives which examines the CEACR report and then introduces a number of issues for general discussion. The annual report of the CEACR is tabled to the Committee on Application of Standards (CAS). The Committee of Experts on the Application of Conventions and Recommendations (CEACR), composed of 20 legal experts appointed by the Governing Body for three year terms, supports the ILO via a preliminary technical examination of the compliance with ILO standards. Those laws which forbid strikes by certain categories of civil servants are not likely to meet the standard set out by the ECHR.Ī right to strike is not explicitly provided nor regulated in the ILO Constitution nor in any of the ILO Conventions. An outright prohibition of strike action in the totality of public services could not be in conformity with the right declared in Article 28, particularly given the decision in Enerji Yapi-Yol Sen v. The issue is thus not whether the right exists, but how it is exercised and whether there are limits on the modality of engaging in the conflict of interests. ![]() 68959/01), the court held that while the right to strike was not absolute and might be subject to certain restrictions, a law that banned strikes would represent too wide a restriction. However, a less restrictive position was taken in a case heard before the European Court of Human Rights ( ECHR) in 2008. In the cases of Viking (88Kb PDF) and Laval (99Kb PDF), the European Court of Justice (ECJ) held that while recognising the right to strike, this may still represent a restriction on the freedom to provide services and thus could only be conducted under EU law where it was to pursue a legitimate aim and was justified by overriding reasons of public interest. However, the right to strike is not without limits. If collective action includes strike action, and the former is qualified as a right, then the latter must also be a right. This formulation can be read as recognising the right to strike. Workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.Īll workers, regardless of the nature of the employer, whether public or private, are entitled to this right to take collective action. It can take many forms, from the complete withdrawal of labour for an indefinite period to more restricted forms of protest.Īt EU level, the right to strike is enshrined in Article 28 of the Charter of Fundamental Rights of the European Union (139Kb PDF) (entitled ‘Right of collective bargaining and action’): The right to strike is explicitly recognised in the constitutions and/or laws of many countries. It is the most visible and controversial form of collective action in the event of industrial dispute and is often seen as the last resort of workers’ organisations in pursuit of their demands. ![]() Yet strike action is one of the fundamental means available to workers and their organisations to promote their economic and social interests. Although Article 151 of the Treaty on the Functioning of the European Union (TFEU) states that ‘he Union and the Member States (…) shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained (…)’, Article 153(5) TFEU explicitly excludes the right to strike from the provisions over which the Union has competence to legislate. ![]()
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