Son Ejemplos De Los Objetivos Legales De La Huelga

This committee is a mandatory condition for calling a strike and its function is to participate in all actions aimed at finding a solution to the conflict. It is composed of a maximum of twelve employees, who must belong to the workplace where the industrial action takes place. In order to be able to call a strike, it is necessary that an agreement be reached between the workers of each workplace. A strike cannot be called individually, because it is considered a right to collective exercise. In most countries, the law stipulates that in the event of a legal strike, workers who participate in it cannot be dismissed by the employer for this reason. In general, the individual employment contract of a striking employee is deemed suspended for the duration of the strike. Strikes unlawful due to the timing of the strike – effects of the anti-strike contract. A strike that violates a provision of an anti-strike treaty is not protected by law, and striking workers may be dismissed or otherwise punished, unless the strike was called to protest certain types of unfair labor practices by the employer. It should be noted that not all cases where employees refuse to work are considered strikes and therefore do not constitute violations of anti-strike provisions. A withdrawal or walkout due to exceptionally hazardous health conditions, such as a faulty ventilation system in an aerosol paint shop, was not considered a violation of the anti-strike provision or provision.

Strikes that are illegal because of their purpose. A strike can be illegal or illegal because a purpose or purpose of the strike is illegal. A strike in support of an unfair union or practice, or that would incite an employer to engage in an unfair labour practice, may be a strike for an illegal purpose. For example, it is unfair for an employer to dismiss an employee for failing to make certain legal payments to the union or union, if there is no union or union security agreement (section 8(a)(3)). A strike to force an employer to do so would be a strike for an illegal purpose and therefore an illegal strike. V. require compliance with the legal provisions on profit-sharing; On the other hand, the regulations also state the reasons why strikes can be considered illegal: a labor strike is defined as the collective cessation or interruption of the provision of work by workers of a public or private enterprise. This dismissal must be initiated by the employees and designated as provided for by law. ILO monitors consider that, where the right to strike is restricted or prohibited, the workers concerned should benefit from compensatory guarantees, such as conciliation and conciliation procedures, which, in the event of an impasse in negotiations, would pave the way for arbitration with the confidence of the parties concerned.

The parties must be able to participate in the definition and conduct of the procedure, which must offer sufficient guarantees of impartiality and speed, be binding on both parties and be conducted promptly and fully (General Review, paragraph 164). In Spain, the right to strike is considered a fundamental right, enshrined in article 28 of the Constitution. It is considered a legal way for employees to defend their interests and thus aims to achieve a better balance in the relationship between employer and employee. Similarly, previous steps taken to resolve the dispute leading to the strike must be communicated. In addition, the objectives pursued by the action must be included and the members of the strike committee defined. This law stipulates that no individual contract may contain an agreement restricting the right to strike. Similarly, the employee may not waive this right when signing his employment contract. In many countries, legislation stipulates that conciliation and mediation procedures must be exhausted before a strike can be called. Such demands are legitimate under ILO standards on the principle of freedom of association and the right to strike, as they can facilitate the negotiation of disputes. However, these procedures must not be so slow or complex that a legal strike becomes virtually impossible or ineffective.

(General Survey, paragraph 171) Nothing in this Act shall be construed as impairing, impairing or restricting the right to strike in any way, or affecting the limitations or limitations of that right. If a company raises a labour dispute for which there is no prior solution, the following steps must be taken to conduct a legal strike: On 18 February, ahead of the ILO`s most important session on the right to strike on 23 and 25 February, trade unions and workers around the world will demonstrate to defend this fundamental right. NOTE: It should be noted that this document is only a brief overview or summary. A detailed analysis of the right to strike and the application of the law to all factual situations that may arise in relation to strikes is beyond the scope or sphere of this material. Workers and employers expecting to participate in a strike must be informed carefully and competently. According to the legislation on strikes, they can be called as follows: The strike is a fundamental means by which workers and their organizations can promote and defend their social and economic interests. It is also the most visible and controversial manifestation of collective action in labour disputes and is often seen as a last resort for workers` organizations seeking to satisfy their demands. In countries where the right to strike is a collective right and is therefore subject to a decision by the union, the law stipulates that the union is obliged to hold a vote before a strike is called and that a certain percentage of the workers concerned agree to the strike being carried out.