RIGHT TO STRIKE: A CRITICAL APPRAISAL OF THE SRI LANKAN LAW (original) (raw)
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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.
ERN: Africa (Development) (Topic), 2017
The failure to heed orders prohibiting strike violence and the perpetuation thereof in the context of a protected strike skews collective bargaining power and takes on a form of economic duress. The pressure placed on the employer as a result of the violence and not as a result of the strike, forces the employer to reach agreement. This means that the employer is placed under economic duress to conclude a wage agreement that does not reflect the forces of supply and demand, but the force of violence. The effect of this is definitely not to advance economic development in accordance with the purpose of the LRA. Strikes that are marred by this type of violence and unruly conduct are extremely detrimental to the legal foundations upon which South African labour relations are founded.The aim of a strike is to persuade the employer to agree to workers’ demands through the peaceful withholding of their labour.
Labor and capital, both hold an intrinsic role in uplifting the economy of a country. This paper, recognizes the 'Right to Strike' as a statutory right given to the employees (laborers) to fulfil their demands. Although, this right is not a constitutional right, but its statutory recognition is given under the Industrial Disputes Act, 1947. This right holds a specific social importance, and therefore, its ambit has been increased as a legal right in the current Indian stratosphere. However, this right does have certain 'reasonable restrictions' in order to achieve peace and stability between the employers (the capital class) and the employees (i.e., the labor class). The present paper will mainly focus on the Right to Strike as a statutory right under the Industrial Disputes Act. Furthermore, this paper will also discuss about the International Labor Organization (ILO) which talks about the right to strike in the workplace.
OPSOMMING Die bevordering van ordelike kollektiewe bedinging en effektiewe beslegting van geskille, die dinamiese arbeidsmark en die magte van die Arbeidshof Die tekort aan vertroue tussen bedingspartye, konflik tussen vakbonde asook on-beskermde, gewelddadige en langdurige stakings is algemene verskynsel en kenmerk van die onlangse geskiedenis in die arbeidsmark in Suid-Afrika. Die optrede van vak-bonde tydens kollektiewe bedinging, die meerderheidsbeginsel en inter-vakbond konflik is veral onder die vergrootglas. Die huidige stand van sake in die arbeidsmark het dit dus genoodsaak om ondersoek te loods ten aansien van hoe die Arbeidshof genader kan word in gevalle waar partye hulself op maniere gedra wat buite die reguleringsraamwerk van kollektiewe bedinging gaan. Beginsels soos funksionaliteit en proporsionaliteit asook verskeie remedies en uitbreiding van magte van die Arbeidshof word in die lig hiervan ook heroorweeg. 1 SETTING THE SCENE: BRIEF OVERVIEW OF THE COLLECTIVE BARGAINING FRAMEWORK " Non-strikers were harassed and intimidated. Employees were visited at their homes by persons who threatened them with physical harm and death. Relatives of non-strikers were also visited in this manner and informed of what would be done to the family members working at the bakery. One female non-striker was dragged from her home at night and assaulted with pangas and sjamboks. The vehicle of a non-striker was set alight and destroyed. Shots were fired on this occasion. A neighbour of the non-striker was able to identify the perpetrators. He was subsequently shot and killed near his home. Houses were petrol bombed. Threats to kill senior management were made. Some employees and the senior management group were provided with security guards. A shot was fired through the security guard's vehicle parked outside the home of Lavery, the regional manager. Delivery vans were held up and the daily takings were robbed as were personal possessions