The notice periods generally applicable to all types of entities should be short, while the periods for essential services or services of social or public interest could be reasonably longer. The Committee on Freedom of Association considered that the following notice periods for these services are compatible with the principle of freedom of association: It is important that the objectives of the strike are clear when submitting the request for mediation and when reporting it to the company and the Labour Authority. Indeed, they will be the basis of the agreements leading to their cancellation. 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. The right to strike has been explicitly recognized in the constitutions and/or laws of many countries. In some cases, it may be recognized as an individual right of the employee, while in others it is recognized as a collective right of the employees.
In the latter case, the employee can only benefit from legal protection with regard to his participation in the strike officially called by the union. In order to determine the absence of a strike, the following rules must be observed: the workers and employers of the enterprise or establishment concerned or interested third parties may, within seventy-two hours of the interruption of work, apply to the court for a declaration of the absence of a strike for the reasons referred to in article 459 or for failure to comply with the conditions laid down in article 920 of this Act. A strike is the suspension of the performance of work performed collectively and in concerted action by employees. For the strike to be legal, the following procedure must be followed: According to the Labour Code for strikes, the enterprise must be notified by the employees. In this sense, the deadlines within which it must be delivered are specified: this law stipulates that there can be no agreement in an individual contract containing a restriction on the right to strike. Similarly, the employee may not waive this right when signing his employment contract. IV. Evidence must be provided at the strike classification hearing, except as otherwise provided in section 931 of this Act. Only in exceptional cases can the court defer the receipt of evidence which, by its very nature, cannot be dealt with at the strike classification hearing, and II.
If the employees do not participate in the conciliation hearing, the period for suspending work does not expire; II. The Tribunal shall transmit the application with its annexes and hear the parties at a hearing in order to qualify the strike, which is also intended for the offering and receipt of evidence, which takes place within a maximum period of five days and is communicated three days before its celebration; IV. The effects of the notification referred to in Article 920, Section II, of this Law may not be suspended either by the conciliation hearing or by the non-participation of the employer. The ILO supervisory bodies have recognized that “the right to strike is an inseparable consequence of the right to organize protected by Convention No. 87”, which derives from the right of workers` organizations to carry out their own programmes of activities to defend the economic and social interests of their members. However, the right to strike is not an absolute right and it is considered that its exercise is subject to certain legal conditions or restrictions and may even be prohibited in exceptional circumstances. (Convention No. 87, Article 3, Overview, paragraph 151) The collective subjects entitled to call a strike are as follows: Nothing in this Law, except as expressly provided therein, may be interpreted as impairing, impeding or diminishing in any way the right to strike or affecting the limitations or limitations of this right.
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. These provisions are in conformity with the principle of freedom of association, provided that they do not make the exercise of the right to strike excessively difficult or impossible in practice. In particular, the relevant legislation should ensure that: – I. The request for a declaration of non-existence of the strike must be submitted in writing, accompanied by a copy for each of the invited employers and the unions or coalitions of workers invited. The request shall state the reasons for this and the legal basis. Therefore, no ground other than non-existence can be invoked. Where the request for non-existence is based on the hypothesis referred to in Division I of Article 459 of this Law, proof of the recount must be furnished in accordance with the provisions of Article 931 of this Law; The effect of the notification is that the employer has the powers and responsibilities associated with it for the duration of the notice period as the custodian of the business or establishment affected by the strike. The ILO supervisory bodies consider that the provision of a minimum service for such activities could be an appropriate alternative, as long as it does not jeopardize the right to strike of the vast majority of workers.
They also considered that this service should meet at least the following conditions: At the request of a party, the courts issue a certificate indicating whether or not there is a strike assignment against a workplace within forty-eight hours of their request.