The right to strike Turin, 22 November 2016 www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO The right to strike A fundamental right An essential means available to workers for the protection and promotion of their interests An intrinsic corollary of the right to organize, not absolute 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 Exhaustion of prior procedures like conciliation, mediation and voluntary arbitration Advance notice Quorum and majority www.itcilo.org International Training Centre of the ILO

Permitted restrictions Not absolute right, restrictions possible Armed forces and police (narrowly defined) Public servants exercising authority in the name of the State Essential services in the strict sense of the term Acute national 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 Hospital sector Electricity services Water supply services Telephone service Fire-fighting services Prison services Provision of food to pupils of school age Cleaning of schools Air traffic control www.itcilo.org International Training Centre of the ILO

Non-essential services Radio and television The 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 Airlines pilots Production, transport and distribution of fuel Railway services www.itcilo.org International Training Centre of the ILO

Non-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 The education sector Mineral water bottling company www.itcilo.org International Training Centre of the ILO

Negotiated minimum service Genuinely and exclusively minimum Workers’ and employers’ participation in definition Disagreements settled by a joint or independent body which has the confidence of the parties www.itcilo.org International Training Centre of the ILO

Negotiated minimum service Genuinely and exclusively minimum Workers’ and employers’ participation in definition Disagreements 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 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