strikes in essential services TIME FOR FURTHER PROTECTION FOR THE PUBLIC (original) (raw)

STRIKE OF WORKERS IN ESSENTIAL SERVICES

The right to strike in essential services creates an inherent problem and a challenge for any democratic society, because it stems from some tension between two rights that must be guaranteed by the state, the right to organize and conduct collective negotiations that involve the freedom to strike and the right of the state to ensure itself and its citizens against harm to security , Safety, health, and the provision of services that are essential to the daily lives of citizens. (Eisenstadt, 1959) (Basic Law: Human Dignity and Liberty) A strike is one of the essential tools that a worker can use when he wants to improve the conditions of his employment with his employer. This is an "organized refusal to work as a form of protest by a workers' body", usually in an attempt to obtain concessions or concessions from their employer. The right to strike is considered one of the basic socio-economic rights in democracy and is recognized as such in international law as well as in laws and rulings in various countries. In general, it is possible to define that the strike is an extreme response of the group of employees to the failure of negotiations with an employer or a group of employers. There are four types of strikes: * An economic strike (when the issue of strike and demand is economic). * A political strike, when the nature of the strike and the dispute is China University of PolitiCal sCienCe and law - aCademiC Press 157 ManageMent HuMan ResouRces and Law david scHwaRtz & BinyaMin guRstein over conceptual ideological and political issues. * A solidarity strike - a strike that takes place out of solidarity and solidarity, and not out of economic or political interests. * A quasi-political strike (when an issue and a subject of strike combine both economic and political interests). The four types of strikes are defined in legislation and definition in countries and international organizations. In most studies, economic strikes are recognized as legitimate, as opposed to political and quasipolitical strikes considered illegitimate. Of course, a decision on this is made in each country separately. (Berenson, Berenson, 2000) (Radai, 1994) (Shaked, 1999) The study of the strike field and its importance is of great importance for several reasons: * The first is due to an overall view of the rights of workers and individuals in a democracy. * Second, recognition of the employee's weakness against the power of an employer.

The right to strike A trade union view

1991

This short book, written for and published by the Institute of Employment Rights, discusses the nature of an impact of the anti-strike laws as they existed in 1991. Unfortunately, although the book is over 20 years' old, much of this law still exists, and this is despite 13 years of a Labour government. Moreover, further controls were introduced by the Conservative’s Trade Union Act 2016, particularly through the imposition of special voting majorities In secret ballots . The main purpose of the book is to argue that trade union members have nothing to gain from repeal of the anti-union law being in the form of the re-widening of the statutory immunites. Rather, the system of immunites should be totally replaced by a system of positive rights to strike and engage in effective picketing.

Crossing the Rubicon: The Strikes (Minimum Service Levels) Act 2023 as an Authoritarian Crucible

Industrial Law Journal

In the 1980s and 1990s, Conservative Governments contemplated but ultimately refused direct interventions in strikes in essential services as unenforceable and ineffective. The Strikes (Minimum Service Levels) Act 2023 crosses this Rubicon. It does so not by a participatory framework but by granting Ministers and employers virtually unrestrained powers to restrict (and effectively prohibit by neutralising the impact of) industrial action by imposing minimum service levels. This article offers a critical account of the Act based on three main claims. First, it argues that the Act is shaped by what is termed ‘coercive dual unilateralism’, an authoritarian crucible of three elements: (i) executive unilateralism, (ii) employer unilateralism and (iii) coercion (severe sanctions compounded by chilling legal uncertainty of ill-defined duties). Secondly, it challenges the Government’s claim of the Act’s compliance with ILO standards and Article 11 ECHR as a misconstruction. Thirdly, it find...

Pre-Strike Ballots, Picketing and Protest: Banning Industrial Action by the Back Door

Our aim in this article is to analyse the provisions of the Trade Union Act 2016 that deal with pre-strike ballots and picketing. We also consider Government proposals to legislate in respect of protests associated with industrial action ('leverage action'), which were abandoned in favour of plans to amend the Code of Practice on Picketing. We note the suggestion made by several commentators and Opposition politicians that the Government might have intended with these changes to make it significantly more difficult for trade unions and workers to exercise their rights to take industrial action, and to engage in forms of protest associated with industrial action. Examining the stated policy aims of Government, and available evidence which speaks to those policy aims and to the likely impact of the new rules, we argue that the freedom of workers and trade unions to participate in and organise industrial action has indeed been narrowed very considerably by this Act; further, that the case for amending the existing legal framework was not at all well made.