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

2. 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
International Training Centre of the ILO

3. 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
International Training Centre of the ILO

4. International Training Centre of the ILO
Prerequisites
Prerequisites admissible
Exhaustion of prior procedures like conciliation, mediation and voluntary arbitration
Advance notice
Quorum and majority
International Training Centre of the ILO

5. 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)
International Training Centre of the ILO

6. 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
International Training Centre of the ILO

7. 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
International Training Centre of the ILO

8. 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
International Training Centre of the ILO

9. 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
International Training Centre of the ILO

10. 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
International Training Centre of the ILO

11. 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
International Training Centre of the ILO

12. 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
International Training Centre of the ILO

13. 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
International Training Centre of the ILO

14. International Training Centre of the ILO
THANK YOU FOR THE
ATTENTION!
Maura Miraglio
ITCILO International Labour Standards, Rights at
Work and Gender Equality Programme
International Training Centre of the ILO