Section 2. Definitions. "essential services" means services, by whomsoever rendered, and whether rendered to the Government or to any other person, the interruption of which would endanger the life, health or personal safety of the whole or part of the population;"
Section 47. Strike or lockout in essential services.
(1) An employer or employee carrying on or engaged in an essential service shall not strike or lock out in connexion with any such essential service.
(2) The Minister may at any time apply to the Industrial Relations Court for a determination as to whether a threatened or actual strike or lockout involves an essential service.
(3) On an application under subsection (2), the Industrial Relations Court may, if it deems appropriate, enjoin the action concerned, subject to section 54.
Section 56. Injunction in respect of strike or lockout.
(2)The Industrial Relations Court shall not grant an injunction against any person instigating, participating in or otherwise supporting a strike or lockout or any act in furtherance of a strike or lockout unless-
(a) the application for an injunction has been served on the other parties to the proceedings;
(b) service has been affected at least forty-eight hours before the hearing of the application, save where the Industrial Relations Court is satisfied that the acts in question would endanger the life, safety or health of any person; and
(c) the other parties have been afforded a reasonable opportunity to be heard.
[Malawi, Labour Relations Act, 1996]
(3) There is no place for strike if it would directly and seriously threaten human life, health, security and environment or hinder the prevention of elementary damage.
[Hungary, Act on the Right to Strike, 1989 (No. VII), Article 3]
Section 2. Interpretation. In this Act, unless the contrary intention appears
"essential service" means a service (whether provided by a public or private undertaking) without which the safety, health or welfare of the community or a section of the community would be endangered or seriously prejudiced;
Section 3.Declaration of periods of emergency
(1) Where, in the opinion of the Governor, circumstances have arisen, or are likely to arise, that have caused, or are likely to cause, interruption or dislocation of essential services in the State, he may, by proclamation-
(a) declare a period (commencing on the date of the proclamation, or some specified later date, and extending for not more than seven days) to be a period of emergency for the purposes of this Act; and
(b) declare that specified essential services are the essential services in respect of which the period of emergency applies.
(2) The Governor may, by proclamation-
(a) extend a period of emergency for successive periods (each not to exceed seven days) but not so that the total period exceeds fourteen days;
(b) extend a period of emergency by such other period or periods as may be authorized by a resolution of both Houses of Parliament;
(c) vary a declaration under subsection (1)(b) by expanding or reducing the range of essential services to which the declaration applies; or
(d) revoke a proclamation under this section.
(3) Where a period of emergency expires, no subsequent period shall be declared to be a period of emergency unless-
(a) that subsequent period commences fourteen days or more after the expiration of the former period of emergency; or
(b) the declaration is authorized by a resolution of both Houses of Parliament.
[Australia, (South Australia), Essential Services Act, 1981]
Sect. 82. 11. The President of the Republic may, where she or he considers that the strike or lock-out is liable to be prejudicial to public order or the general interest, decide to refer the dispute to the arbitration board composed of a magistrate and two arbitrators in accordance with the procedure, time-limits and effects envisaged in the present Title.
This possibility is available in the following circumstances:
(1) where the strike affects an essential service the interruption of which is liable to endanger the life, health or safety of the whole or part of the population;
(2) in the event of an acute national crisis.
[Côte d'Ivoire, Labour Code, 1995]
Section 403. No strikes or walkouts are allowed involving the essential services,
those whose interruption are liable to endanger the life, health or security
of the people in any segment of the population. Nevertheless, the workers as
well as the employers of this type of service have the right to proceed to
an agreement according to what is set forth on section 680 of this code.
When the conflict exists only around the issue of minimum wages, the matter
must be brought before the National Committee of Salaries.
Section 404. As far as the preceding section is concerned, the essential services are communication, water supply, the distribution of gas or electricity for street lighting and household purposes, medicines, hospitals and all those having a similar nature.
[Dominican Republic, Labour Code, 1992]
Sect. 82. 11. The President of the Republic may, where she or he considers that the strike or lock-out is liable to be prejudicial to public order or the general interest, decide to refer the dispute to the arbitration board composed of a magistrate and two arbitrators in accordance with the procedure, time-limits and effects envisaged in the present Title.
This possibility is available in the following circumstances:
(1) where the strike affects an essential service the interruption of which is liable to endanger the life, health or safety of the whole or part of the population;
(2) in the event of an acute national crisis.
[Côte d'Ivoire, Labour Code, 1995]
Example of legislation listing essential services
Section 52. Strike or lockout
(6) For the purposes of this section, "essential service" means:
(a) a service relating to the generation, supply or distribution of electricity;
(b) any hospital or medical services;
(c) a service relating to the supply or a distribution of water;
(d) a service relating to the sewerage service;
(e) port and marine services;
(f) a service relating to civil aviation;
(g) the fire brigade;
(h) a service relating to telecommunication;
(i) a service declared by the Minister by notice in the Gazette to be an essential service.
[Seychelles, Industrial Relations Act, 1993]
Section 73. Strike action or lockouts prohibited in essential services.
(6(a). For the purpose of this section, essential services, by whomsoever such services are rendered, and whether rendered to the Government or to any person are -
(b) The Minister may, after obtaining approval from both Houses of Parliament signified by resolution by notice in the Gazette amend the list of essential services provided for in para. (a).
[Swaziland, Industrial Relations Act, 1996]
Section 107. Essential service certificates
(10). For the purpose of this section, "essential service" means:
(a) any service relating to the generation, supply or distribution of electricity;
(b) any hospital or medical service;
(c) any service relating to the supply and distribution of water;
(d) any sewerage service;
(e) any fire brigade; or
(f) any service for the maintenance of safe and sound conditions in a mine of:
(i) underground working and drainage;
(ii) shafts and shaft installations; or
(iii) machinery and plant;
(g) such other service which the Minister may, in consultation with the Tripartite Consultative Labour Council, prescribe by statutory instrument as an essential service.
[Zambia, Industrial and Labour Relations Act, 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997), Section 107]
Example of legislation empowering a committee to determine which services are essential
Section 70. Essential services committee.
(1) The Minister...must establish an essential services committee under the auspices of the Commission and appoint to that committee, on any terms, persons who have knowledge and experience of labour law and labour relations.
(2) The functions of the essential services committee are-
(a) to conduct investigations as to whether or not the whole or a part of any service is an essential service, and then to decide whether or not to designate the whole or a part of that service as an essential service;
(b) to determine disputes as to whether or not the whole or a part of any service is an essential service; and
(c) to determine whether or not the whole or a part of any service is a maintenance service.
(3) At the request of a bargaining council, the essential services committee must conduct an investigation in terms of subsection (2)(a).
Section 71. Designating a service as an essential service.
(1) The essential services committee must give notice in the Government Gazette of any investigation that it is to conduct as to whether the whole or a part of a service is an essential service.
(2) The notice must indicate the service or the part of a service that is to be the subject of the investigation and must invite interested parties, within a period stated in the notice
(a) to submit written representations; and
(b) to indicate whether or not they require an opportunity to make oral representations.
(3) Any interested party may inspect any written representations made pursuant to the notice, at the Commission's offices.
(4) The Commission must provide a certified copy of, or extract from, any written representations to any person who has paid the prescribed fee.
(5) The essential services committee must advise parties who wish to make oral representations of the place and time at which they may be made.
(6) Oral representations must be made in public.
(7) After having considered any written and oral representations, the essential services committee must decide whether or not to designate the whole or a part of the service that was the subject of the investigation as an essential service.
(8) If the essential services committee designates the whole or a part of a service as an essential service, the committee must publish a notice to that effect in the Government Gazette.
(9) The essential services committee may vary or cancel the designation of the whole or a part of a service as an essential service, by following the provisions set out in subsections (1) to (8), read with the changes required by the context.
(10) The Parliamentary service and the [] Police Service are deemed to have been designated an essential service in terms of this section.
Section 72. Minimum services. The essential services committee may ratify any collective agreement that provides for the maintenance of minimum services in a service designated as an essential service, in which case
(a) the agreed minimum services are to be regarded as an essential service in respect of the employer and its employees; and
(b) the provisions of section 74 do not apply.
Section 73. Disputes about whether a service is an essential service.
(1) Any party to a dispute about either of the following issues may refer the dispute in writing to the essential services committee
(a) whether or not a service is an essential service; or
(b) whether or not an employee or employer is engaged in a service designated as an essential service.
(2) The party who refers the dispute to the essential services committee must satisfy it that a copy of the referral has been served on all the other parties to the dispute.
(3) The essential services committee must determine the dispute as soon as possible.
[South Africa, Labour Relations Act, 1995 (amended by the Labour Relations Amendment Act, 2002)]