Restrictions on some professions when striking

BusinessLegal

  • Author Erp Lawyers & Associates
  • Published June 30, 2020
  • Word count 344

The right to strike is a right of individual ownership, but of collective exercise. That means that for a strike to be effective or seen as such, it will require the consensus of the other workers (since a strike by one person is not legal and would be seen as a breach of contract). The fact that it is an individual right means that each worker chooses whether or not to strike, and this must be expressed without pressure or coercion. Normally, strike calls are called by unions.

In many countries, unions exercise monopoly power in

representation of workers. In other countries, the dual system is established. Labor councils, for example, can be representative bodies at the level of each establishment, while unions can represent the interests of workers in the company and, in particular, at the level of branches or subsidiaries. Instead of calling for a strike, the workers council may have to resort to arbitration as is the case, for example, in Germany.

There are also entirely different attitudes towards strikes. In some countries, strikes are considered "a right of self defense" which is not necessarily directed at the employer; in other countries, the admissibility of a strike may necessarily be consistent with the relationship between employers and employees. In others

In countries, strikes are seen as acts of self-empowerment which have little to do with a legal norm that guarantees certain powers or rights. Finally, in some countries, the right to strike is seen as if it were firmly rooted in human dignity, guaranteed to each individual worker and is not waivable by him or her, and in others, the perspective may be more technical with considerable power. to have the right to strike.

Additionally, since the strike is a means of balancing power between the employer and the workers, the socioeconomic conditions that influence this relationship can be considered when determining the regulation of the strike.

However, the question is not whether the right to strike exists, but whether there are limits to the modality of participation in labor conflicts.

For these reasons we can provide you with the necessary information about the restrictions that exist to strike at https://erplawyers.com/blog/restricciones-a-algunas-profesiones-hora-hacer-huelga/. We have an expert team in the different modalities.

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