Article 28 – Right of Collective Bargaining and Action (original) (raw)

2019, The Charter of Fundamental Rights of the European Union and the Employment Relation

The right of collective bargaining and collective action within a legal order based upon an Economic Constitution 'The recognition of the right to strike as a human right imposes a duty on the state to protect and facilitate the exercise of the right to strike.' 1 Article 28 Right of collective bargaining and action 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. Explanation This Article is based on Article 6 of the European Social Charter and on the Community Charter of the Fundamental Social Rights of Workers (points 12 to 14). The right of collective action was recognised by the European Court of Human Rights as one of the elements of trade union rights laid down by Article 11 of the ECHR. As regards the appropriate levels at which collective negotiation might take place, see the explanation given for the above Article 27. 2 The modalities and limits for the exercise of collective action, including strike action, comes under national laws and practices, including the question of whether it may be carried out in parallel in several Member States.