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Importance of the right to strike and its legitimate exercise (Right to strike)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1001 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061001 Importance of the right to strike and its legitimate exercise (See also para. 131)520. While the Committee has always regarded the right to strike as constituting a fundamental right of workers and of their organizations, it has regarded it as such only in so far as it is utilized as a means of defending their economic interests. (See the 1996 Digest, para. 473; 336th Report, Case No. 2324, para. 282; and 338th Report, Case No. 2407, para. 491.) 521. The Committee has always recognized the right to strike by workers and their organizations as a legitimate means of defending their economic and social interests.(See the 1996 Digest, para. 474; and, for example, 302nd Report, Case No. 1809, para. 381; 304th Report, Case No. 1863, para. 356; 307th Report, Case No. 1850, para. 120; 308th Report, Case No. 1900, para. 183; 311th Report, Case No. 1934, para. 126; 324th Report, Case No. 2072, para. 587; 327th Report, Case No. 1581, para. 111; 328th Report, Case No. 2116, para. 368; 332nd Report, Case No. 2258, para. 522; and 335th Report, Case No. 2305, para. 505.) 522. The right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests.(See the 1996 Digest, para. 475; and, for example, 299th Report, Case No. 1687, para. 457; 300th Report, Case No. 1799, para. 207; 306th Report, Case No. 1884, para. 695; 308th Report, Case No. 1934, para. 131; 310th Report, Case No. 1928, para. 176; 316th Report, Case No. 1930, para. 365; 327th Report, Case No. 1581, para. 111; 330th Report, Case No. 2196, para. 304; 335th Report, Case No. 2257, para. 466; 336th Report, Case No. 2340, para. 645; and 337th Report, Case No. 2365, para. 1665.) 523. The right to strike is an intrinsic corollary to the right to organize protected by Convention No. 87.(See 311th Report, Case No. 1954, para. 405.) 524. It does not appear that making the right to call a strike the sole preserve of trade union organizations is incompatible with the standards of Convention No. 87. Workers, and especially their leaders in undertakings, should however be protected against any discrimination which might be exercised because of a strike and they should be able to form trade unions without being exposed to anti-union discrimination.(See the 1996 Digest, para. 477; 334th Report, Case No. 2258, para. 454; and 336th Report, Case No. 2153, para. 173.) 525. The prohibition on the calling of strikes by federations and confederations is not compatible with Convention No. 87.(See the 1996 Digest, para. 478; and 306th Report, Case No. 1884, para. 686.) |
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