International Training Centre of the ILO The right to strike Maura Miraglio, 7 July 2016 www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Outline Importance of the right to strike Strike modalities Prerequisites Restrictions Focus on “essential services in the strict sense of the term” and “negotiated minimum service” Sanctions ILO resources www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO The right to strike A basic right, but not an absolute right An essential means available to workers and their organizations to protection their interests An intrinsic corollary of the right to organize Developed by the ILO supervisory bodies from arts. 3 and 10 of C87 Now contested www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Strike modalities Any work stoppage, however brief and limited Also sympathy strikes, if the initial one is lawful Purely political strikes do not fall within the scope of freedom of association www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Prerequisites Prerequisites admissible, e.g.: exhaustion of prior procedures like conciliation, mediation and voluntary arbitration – not complex or slow advance notice quorum and majority www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Restrictions Restrictions possible for: public servants exercising authority in the name of the State essential services in the strict sense of the term situations of acute national or local crisis, for a limited period and to the extent necessary to meet the requirements of the situation Compensatory guarantees to be provided to workers deprived: conciliation, mediation, arbitration www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Essential services = Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population Not absolute concept A non-essential service may become essential if the strike exceeds a certain duration or extent, or as a function of the special characteristics of a country www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Essential services Health and ambulance services Electricity services Water supply services Telephone service Police and armed forces Fire-fighting services Public or private prison services Provision of food to pupils of school age, school cleaning Air traffic control www.itcilo.org International Training Centre of the ILO

Not essential services Radio and television Petroleum sector Ports Banking Computer services for the collection of excise duties and taxes Department stores and pleasure parks The metal and mining sectors Transport generally Airline pilots Production, transport and distribution of fuel Railway services www.itcilo.org International Training Centre of the ILO

Not essential services (Cont’d) Metropolitan transport Postal services Refuse collection services Refrigeration enterprises Hotel services Construction Automobile manufacturing Agricultural activities, the supply and distribution of foodstuffs The Mint The government printing service and the state alcohol, salt and tobacco monopolies Education sector Mineral water bottling company www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Minimum service Possible in situations in which a substantial restriction or total prohibition of the right to strike would not appear to be justified and consideration might be given to ensuring that users’ basic needs are met or that facilities operate safely or without interruption Limited to the operations strictly necessary to met the basic needs of the population or the minimum requirements of the service Workers’ and employers’ should participate in defining such a service Any disagreements should be settled by a joint or independent body which has the confidence of the parties www.itcilo.org International Training Centre of the ILO

Minimum service examples Ferries Ports Underground transport Rail transport Transportation of passengers and commercial goods Postal services Refuse collection The Mint, banking services and petroleum www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Sanctions FOA principles do not protect against abusive or unlawful exercise of the right to strike Proportionate disciplinary sanctions are acceptable in case of unlawful strikes No penal sanctions for organizing or participating in a peaceful strike www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Key resources Digest of decisions and principles of the ILO Committee on Freedom of Association (2006) CHAPTER 10 Giving Globalization a Human Face, General Survey by the ILO Committee of Experts on the fundamental Conventions (2012) PARAS. 117-161 www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Other resources Tripartite Meeting on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in relation to the right to strike and the modalities and practices of strike action at national level (23-25 February 2015) Background document Final report and outcome of the meeting www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO THANK YOU FOR THE ATTENTION! Maura Miraglio ITCILO International Labour Standards, Rights at Work and Gender Equality Programme m.miraglio@itcilo.org www.itcilo.org International Training Centre of the ILO