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Wage deductions (Right to strike)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1016 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061016 Wage deductions 654. Salary deductions for days of strike give rise to no objection from the point of view of freedom of association principles. (See the 1996 Digest, para. 588; 304th Report, Case No. 1863, para. 363; and 307th Report, Case No. 1899, para. 83.) 655. In a case in which the deductions of pay were higher than the amount corresponding to the period of the strike, the Committee recalled that the imposition of sanctions for strike action was not conducive to harmonious labour relations.(See the 1996 Digest, paras. 589 and 595.) 656. Obliging the employer to pay wages in respect of strike days in cases where the employer is declared “responsible” for the strike, apart from potentially disrupting the balance in industrial relations and proving costly for the employer, raises problems of conformity with the principles of freedom of association, as such payment should be neither required nor prohibited. It should consequently be a matter for resolution between the parties.(See 318th Report, Case No. 1931, para. 366.) 657. Failure to reply to a statement of claims may be deemed an unfair practice contrary to the principle of good faith in collective bargaining, which may entail certain penalties as foreseen by law, without resulting in a legal obligation upon the employer to pay strike days, which is a matter to be left to the parties concerned.(See 318th Report, Case No. 1931, para. 369.) |
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