The Right to Strike: A Comparative View

Name: The Right to Strike: A Comparative View
Brand: Kluwer Law International
Price: 237.99 EUR
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Bernd Waas(Editor)

Kluwer Law International (Publisher)

Published on 10. September 2014

680 pages

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978-90-411-5009-7 (ISBN)

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Content

Cover
Half Title Page
Editorial Board
Title Page
Copyright Page
List of Editor and Contributors
Table of Contents
Preface
Acknowledgements
List of Abbreviations
Introduction
CHAPTER 1 The Right to Strike: A Comparative View
1.1 LEGAL DEFINITIONS
1.1.1 Existence of Statutory Definitions
1.1.2 Lack of Legal Definitions
1.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
1.2.1 International Instruments
1.2.2 Constitutional Guarantees
1.2.2.1 Guarantees of a Right to Strike
1.2.2.2 Bearers of the Right to Strike
1.2.2.3 Content of the Right to Strike
1.2.2.4 Limitations of the Right to Strike
1.2.3 Provisions in Ordinary Law
1.2.4 Judge-made Law
1.2.5 Collective Agreements
1.2.6 Self-Regulation
1.3 THE RIGHT TO CALL A STRIKE
1.4 THE RIGHT TO PARTICIPATE IN A STRIKE
1.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
1.5.1 Strikes with a View of Concluding Collective Agreements
1.5.2 Strikes Arising from Rights Disputes
1.5.3 Strikes Aiming at the Enforcement of Collective Agreements
1.5.4 Strikes with an Aim of Restricting Management Prerogatives
1.5.5 Inter-union Disputes
1.5.6 'Political' Strikes
1.5.7 Strikes with an Aim of Raising Public Awareness
1.6 PROCEDURAL REQUIREMENTS
1.6.1 Exhaustion of All Means of Negotiation
1.6.2 Balloting
1.6.2.1 Requirement of Holding a Ballot
1.6.2.2 Modalities
1.6.2.3 Required Majority
1.6.3 Obligation to Notify the Other Party
1.6.4 'Cooling-Off Periods'
1.7 PEACE OBLIGATIONS
1.7.1 Absolute and Relative Peace Obligations
1.7.2 Mandatory Nature of the Peace Obligation
1.7.3 Content of the Peace Obligation
1.7.4 Start and End of the Peace Obligation
1.7.5 Legal Effects of the Peace Obligation
1.7.6 Consequences of Violations of the Peace Obligation
1.8 OTHER LIMITATIONS TO STRIKES
1.8.1 Legal Principles and Tests
1.8.1.1 Proportionality or Ultima Ratio
1.8.1.2 Fairness
1.8.1.3 Abuse of Rights and Public Mores
1.8.1.4 Need of Protecting Public Welfare
1.8.1.5 Excessive Demands
1.8.2 Rights of Others
1.8.2.1 Rights of the Employer
1.8.2.1.1 Entrepreneurial Freedom
1.8.2.1.2 Property
1.8.2.2 Rights of Non-strikers
1.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
1.9.1 The Public Sector
1.9.1.1 The Public Sector in General
1.9.1.2 Civil Service
1.9.2 'Essential Services'
1.9.2.1 Qualification as 'Essential Service'
1.9.2.2 Limitations of the Right to Strike
1.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
1.10.1 Specific Emanations of Strikes
1.10.1.1 Solidarity, Sympathy or Secondary Strikes
1.10.1.2 Warning Strikes
1.10.1.3 Rotating Strikes
1.10.2 Other Forms of Industrial Action
1.10.2.1 Sit-ins and Occupation of Premises
1.10.2.2 Picketing
1.10.2.3 Boycotts
1.10.2.4 Others
1.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
1.11.1 The Position of Strikers
1.11.2 The Position of Non-strikers
1.11.2.1 Pay Claims
1.11.2.2 Employment in Other Functions
1.11.3 The Position of the Employer
1.11.3.1 Right to Replace Strikers
1.11.3.2 Right to Lock Out Workers
1.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
1.12.1 Individual Workers
1.12.1.1 Claim for Damages
1.12.1.2 Protection against Dismissal
1.12.2 Trade Unions
1.12.2.1 Injunctive Relief
1.12.2.2 Claim for Damages
1.12.2.3 Ordering of Fines
1.12.2.4 Organising an Unlawful Strike as an Offence or Crime
1.12.2.5 Others
1.13 DISPUTE RESOLUTION
1.13.1 Role of the Courts in Determining Lawfulness
1.13.2 Mediation, Conciliation and Arbitration
1.14 SUPPORT OF STRIKERS
1.14.1 Support by Trade Unions
1.14.2 Support by the State
1.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
1.15.1 Parity of Parties
1.15.2 Neutrality of the State
1.16 CONCLUSION
CHAPTER 2 The Right to Strike: Argentina
2.1 LEGAL DEFINITIONS
2.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
2.3 THE RIGHT TO CALL A STRIKE
2.4 THE RIGHT TO PARTICIPATE IN A STRIKE
2.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
2.6 PROCEDURAL REQUIREMENTS
2.7 PEACE OBLIGATIONS
2.8 OTHER LIMITATIONS TO STRIKES
2.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
2.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
2.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
2.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
2.13 DISPUTE RESOLUTION
2.14 SUPPORT OF STRIKERS
2.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
2.16 STRIKES IN PRACTICE
CHAPTER 3 The Right to Strike: Australia
3.1 LEGAL DEFINITIONS
3.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
3.3 THE RIGHT TO CALL A STRIKE
3.4 THE RIGHT TO PARTICIPATE IN A STRIKE
3.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
3.6 PROCEDURAL REQUIREMENTS
3.7 PEACE OBLIGATIONS
3.8 OTHER LIMITATIONS TO STRIKES
3.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
3.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
3.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
3.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
3.13 DISPUTE RESOLUTION
3.14 SUPPORT OF STRIKERS
3.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
3.16 STRIKES IN PRACTICE
CHAPTER 4 The Right to Strike: Austria
4.1 LEGAL DEFINITIONS
4.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
4.3 THE RIGHT TO CALL A STRIKE
4.4 THE RIGHT TO PARTICIPATE IN A STRIKE
4.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
4.6 PROCEDURAL REQUIREMENTS
4.7 PEACE OBLIGATIONS
4.8 OTHER LIMITATIONS TO STRIKES
4.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
4.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
4.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
4.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
4.13 DISPUTE RESOLUTION
4.14 SUPPORT OF STRIKERS
4.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
4.16 STRIKES IN PRACTICE
CHAPTER 5 The Right to Strike: Chile
5.1 LEGAL DEFINITIONS
5.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
5.3 THE RIGHT TO CALL A STRIKE
5.4 THE RIGHT TO PARTICIPATE IN A STRIKE
5.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
5.6 PROCEDURAL REQUIREMENTS
5.7 PEACE OBLIGATIONS
5.8 OTHER LIMITATIONS TO STRIKES
5.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
5.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
5.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
5.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
5.13 DISPUTE RESOLUTION
5.14 SUPPORT OF STRIKERS
5.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
5.16 STRIKES IN PRACTICE
CHAPTER 6 The Right to Strike: Colombia
6.1 LEGAL DEFINITIONS
6.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
6.3 THE RIGHT TO CALL A STRIKE
6.4 THE RIGHT TO PARTICIPATE IN A STRIKE
6.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
6.6 PROCEDURAL REQUIREMENTS
6.7 PEACE OBLIGATIONS
6.8 OTHER LIMITATIONS TO STRIKES
6.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
6.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
6.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
6.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
6.13 DISPUTE RESOLUTION
6.14 SUPPORT OF STRIKERS
6.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
6.16 STRIKES IN PRACTICE
CHAPTER 7 The Right to Strike: Czech Republic
7.1 LEGAL DEFINITIONS
7.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
7.3 THE RIGHT TO CALL A STRIKE
7.4 THE RIGHT TO PARTICIPATE IN A STRIKE
7.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
7.6 PROCEDURAL REQUIREMENTS
7.7 PEACE OBLIGATIONS
7.8 OTHER LIMITATIONS TO STRIKES
7.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
7.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
7.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
7.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
7.13 DISPUTE RESOLUTION
7.14 SUPPORT OF STRIKERS
7.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
7.16 STRIKES IN PRACTICE
CHAPTER 8 The Right to Strike: Ecuador
8.1 LEGAL DEFINITIONS
8.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
8.3 THE RIGHT TO CALL A STRIKE
8.4 THE RIGHT TO PARTICIPATE IN A STRIKE
8.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
8.6 PROCEDURAL REQUIREMENTS
8.7 PEACE OBLIGATIONS
8.8 OTHER LIMITATIONS TO STRIKES
8.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
8.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
8.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
8.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
8.13 DISPUTE RESOLUTION
8.14 SUPPORT OF STRIKERS
8.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
8.16 STRIKES IN PRACTICE
CHAPTER 9 The Right to Strike: Finland
9.1 LEGAL DEFINITIONS
9.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
9.3 THE RIGHT TO CALL A STRIKE
9.4 THE RIGHT TO PARTICIPATE IN A STRIKE
9.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
9.6 PROCEDURAL REQUIREMENTS
9.7 PEACE OBLIGATIONS
9.8 OTHER LIMITATIONS TO STRIKES
9.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
9.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
9.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
9.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
9.13 DISPUTE RESOLUTION
9.14 SUPPORT OF STRIKERS
9.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
9.16 STRIKES IN PRACTICE
CHAPTER 10 The Right to Strike: France
10.1 LEGAL DEFINITIONS
10.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
10.3 THE RIGHT TO CALL A STRIKE
10.4 THE RIGHT TO PARTICIPATE IN A STRIKE
10.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
10.6 PROCEDURAL REQUIREMENTS
10.7 PEACE OBLIGATIONS
10.8 OTHER LIMITATIONS TO STRIKES
10.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
10.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
10.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
10.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
10.13 DISPUTE RESOLUTION
10.14 SUPPORT OF STRIKERS
10.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
10.16 STRIKES IN PRACTICE
CHAPTER 11 The Right to Strike: Germany
11.1 LEGAL DEFINITIONS
11.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
11.3 THE RIGHT TO CALL A STRIKE
11.4 THE RIGHT TO PARTICIPATE IN A STRIKE
11.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
11.6 PROCEDURAL REQUIREMENTS
11.7 PEACE OBLIGATIONS
11.8 OTHER LIMITATIONS TO STRIKES
11.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
11.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
11.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
11.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
11.13 DISPUTE RESOLUTION
11.14 SUPPORT OF STRIKERS
11.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
11.16 STRIKES IN PRACTICE
CHAPTER 12 The Right to Strike: Greece
12.1 LEGAL DEFINITIONS
12.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
12.3 THE RIGHT TO CALL A STRIKE
12.4 THE RIGHT TO PARTICIPATE IN A STRIKE
12.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
12.6 PROCEDURAL REQUIREMENTS
12.7 PEACE OBLIGATIONS
12.8 OTHER LIMITATIONS TO STRIKES
12.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
12.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
12.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
12.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
12.13 DISPUTE RESOLUTION
12.14 SUPPORT OF STRIKERS
12.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
12.16 STRIKES IN PRACTICE
CHAPTER 13 The Right to Strike: Hungary
13.1 LEGAL DEFINITIONS
13.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
13.3 THE RIGHT TO CALL A STRIKE
13.4 THE RIGHT TO PARTICIPATE IN A STRIKE
13.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
13.6 PROCEDURAL REQUIREMENTS
13.7 PEACE OBLIGATIONS
13.8 OTHER LIMITATIONS TO STRIKES
13.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
13.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
13.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
13.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
13.13 DISPUTE RESOLUTION
13.14 SUPPORT OF STRIKERS
13.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
13.16 STRIKES IN PRACTICE
CHAPTER 14 The Right to Strike: Ireland
14.1 LEGAL DEFINITIONS
14.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
14.3 THE RIGHT TO CALL A STRIKE
14.4 THE RIGHT TO PARTICIPATE IN A STRIKE
14.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
14.6 PROCEDURAL REQUIREMENTS
14.7 PEACE OBLIGATIONS
14.8 OTHER LIMITATIONS TO STRIKES
14.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
14.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
14.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
14.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
14.13 DISPUTE RESOLUTION
14.14 SUPPORT OF STRIKERS
14.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
14.16 STRIKES IN PRACTICE
CHAPTER 15 The Right to Strike: Israel
15.1 LEGAL DEFINITIONS
15.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
15.3 THE RIGHT TO CALL A STRIKE
15.4 THE RIGHT TO PARTICIPATE IN A STRIKE
15.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
15.6 PROCEDURAL REQUIREMENTS
15.7 PEACE OBLIGATIONS
15.8 OTHER LIMITATIONS TO STRIKES
15.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
15.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
15.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
15.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
15.13 DISPUTE RESOLUTION
15.14 SUPPORT OF STRIKERS
15.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
15.16 STRIKES IN PRACTICE
CHAPTER 16 The Right to Strike: Italy
16.1 LEGAL DEFINITIONS
16.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
16.3 THE RIGHT TO CALL A STRIKE
16.4 THE RIGHT TO PARTICIPATE IN A STRIKE
16.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
16.6 PROCEDURAL REQUIREMENTS
16.7 PEACE OBLIGATIONS
16.8 OTHER LIMITATIONS TO STRIKES
16.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
16.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
16.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
16.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
16.13 DISPUTE RESOLUTION
16.14 SUPPORT OF STRIKERS
16.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
16.16 STRIKES IN PRACTICE
CHAPTER 17 The Right to Strike: Japan
17.1 LEGAL DEFINITIONS
17.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
17.3 THE RIGHT TO CALL A STRIKE
17.4 THE RIGHT TO PARTICIPATE IN A STRIKE
17.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
17.6 PROCEDURAL REQUIREMENTS
17.7 PEACE OBLIGATIONS
17.8 OTHER LIMITATIONS TO STRIKES
17.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
17.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
17.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
17.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
17.13 DISPUTE RESOLUTION
17.14 SUPPORT OF STRIKERS
17.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
17.16 STRIKES IN PRACTICE
CHAPTER 18 The Right to Strike: Lithuania
18.1 LEGAL DEFINITIONS
18.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
18.3 THE RIGHT TO CALL A STRIKE
18.4 THE RIGHT TO PARTICIPATE IN A STRIKE
18.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
18.6 PROCEDURAL REQUIREMENTS
18.7 PEACE OBLIGATIONS
18.8 OTHER LIMITATIONS TO STRIKES
18.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
18.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
18.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
18.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
18.13 DISPUTE RESOLUTION
18.14 SUPPORT OF STRIKERS
18.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
18.16 STRIKES IN PRACTICE
CHAPTER 19 The Right to Strike: Malaysia
19.1 LEGAL DEFINITIONS
19.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
19.3 THE RIGHT TO CALL A STRIKE
19.4 THE RIGHT TO PARTICIPATE IN A STRIKE
19.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
19.6 PROCEDURAL REQUIREMENTS
19.7 PEACE OBLIGATIONS
19.8 OTHER LIMITATIONS TO STRIKES
19.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
19.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
19.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
19.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
19.13 DISPUTE RESOLUTION
19.14 SUPPORT OF STRIKERS
19.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
19.16 STRIKES IN PRACTICE
CHAPTER 20 The Right to Strike: Mexico
20.1 LEGAL DEFINITIONS
20.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
20.3 THE RIGHT TO CALL A STRIKE
20.4 THE RIGHT TO PARTICIPATE IN A STRIKE
20.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
20.6 PROCEDURAL REQUIREMENTS
20.7 PEACE OBLIGATIONS
20.8 OTHER LIMITATIONS TO STRIKES
20.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
20.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
20.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
20.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
20.13 DISPUTE RESOLUTION
20.14 SUPPORT OF STRIKERS
20.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
20.16 STRIKES IN PRACTICE
CHAPTER 21 The Right to Strike: The Netherlands
21.1 LEGAL DEFINITIONS
21.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
21.3 THE RIGHT TO CALL A STRIKE
21.4 THE RIGHT TO PARTICIPATE IN A STRIKE
21.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
21.6 PROCEDURAL REQUIREMENTS
21.7 PEACE OBLIGATIONS
21.8 OTHER LIMITATIONS TO STRIKES
21.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
21.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
21.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
21.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
21.13 DISPUTE RESOLUTION
21.14 SUPPORT OF STRIKERS
21.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
21.16 STRIKES IN PRACTICE
CHAPTER 22 The Right to Strike: Poland
22.1 LEGAL DEFINITIONS
22.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
22.3 THE RIGHT TO CALL A STRIKE
22.4 THE RIGHT TO PARTICIPATE IN A STRIKE
22.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
22.6 PROCEDURAL REQUIREMENTS
22.7 PEACE OBLIGATIONS
22.8 OTHER LIMITATIONS TO STRIKES
22.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
22.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
22.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
22.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
22.13 DISPUTE RESOLUTION
22.14 SUPPORT OF STRIKERS
22.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
22.16 STRIKES IN PRACTICE
CHAPTER 23 The Right to Strike: Russian Federation
23.1 LEGAL DEFINITIONS
23.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
23.3 THE RIGHT TO CALL A STRIKE
23.4 THE RIGHT TO PARTICIPATE IN A STRIKE
23.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
23.6 PROCEDURAL REQUIREMENTS
23.7 PEACE OBLIGATIONS
23.8 OTHER LIMITATIONS TO STRIKES
23.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
23.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
23.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
23.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
23.13 DISPUTE RESOLUTION
23.14 SUPPORT OF STRIKERS
23.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
23.16 STRIKES IN PRACTICE
CHAPTER 24 The Right to Strike: Slovenia
24.1 LEGAL DEFINITIONS
24.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
24.3 THE RIGHT TO CALL A STRIKE
24.4 THE RIGHT TO PARTICIPATE IN A STRIKE
24.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
24.6 PROCEDURAL REQUIREMENTS
24.7 PEACE OBLIGATIONS
24.8 OTHER LIMITATIONS TO STRIKES
24.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
24.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
24.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
24.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
24.13 DISPUTE RESOLUTION
24.14 SUPPORT OF STRIKERS
24.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
24.16 STRIKES IN PRACTICE
CHAPTER 25 The Right to Strike: South Africa
25.1 LEGAL DEFINITIONS
25.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
25.3 THE RIGHT TO CALL A STRIKE
25.4 THE RIGHT TO PARTICIPATE IN A STRIKE
25.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
25.6 PROCEDURAL REQUIREMENTS
25.7 PEACE OBLIGATIONS
25.8 OTHER LIMITATIONS TO STRIKES
25.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
25.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
25.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
25.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
25.13 DISPUTE RESOLUTION
25.14 SUPPORT OF STRIKERS
25.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
25.16 STRIKES IN PRACTICE
CHAPTER 26 The Right to Strike: South Korea
26.1 LEGAL DEFINITIONS
26.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
26.3 THE RIGHT TO CALL A STRIKE
26.4 THE RIGHT TO PARTICIPATE IN A STRIKE
26.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
26.6 PROCEDURAL REQUIREMENTS
26.7 PEACE OBLIGATIONS
26.8 OTHER LIMITATIONS TO STRIKES
26.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
26.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
26.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
26.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
26.13 DISPUTE RESOLUTION
26.14 SUPPORT OF STRIKERS
26.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
26.16 STRIKES IN PRACTICE
CHAPTER 27 The Right to Strike: Spain
27.1 LEGAL DEFINITIONS
27.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
27.3 THE RIGHT TO CALL A STRIKE
27.4 THE RIGHT TO PARTICIPATE IN A STRIKE
27.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
27.6 PROCEDURAL REQUIREMENTS
27.7 PEACE OBLIGATIONS
27.8 OTHER LIMITATIONS TO STRIKES
27.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
27.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
27.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
27.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
27.13 DISPUTE RESOLUTION
27.14 SUPPORT OF STRIKERS
27.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
27.16 STRIKES IN PRACTICE
CHAPTER 28 The Right to Strike: Sweden
28.1 LEGAL DEFINITIONS
28.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
28.3 THE RIGHT TO CALL A STRIKE
28.4 THE RIGHT TO PARTICIPATE IN A STRIKE
28.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
28.6 PROCEDURAL REQUIREMENTS
28.7 PEACE OBLIGATIONS
28.8 OTHER LIMITATIONS TO STRIKES
28.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
28.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
28.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
28.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
28.13 DISPUTE RESOLUTION
28.14 SUPPORT OF STRIKERS
28.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
28.16 STRIKES IN PRACTICE
CHAPTER 29 The Right to Strike: Turkey
29.1 LEGAL DEFINITIONS
29.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
29.3 THE RIGHT TO CALL A STRIKE
29.4 THE RIGHT TO PARTICIPATE IN A STRIKE
29.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
29.6 PROCEDURAL REQUIREMENTS
29.7 PEACE OBLIGATIONS
29.8 OTHER LIMITATIONS TO STRIKES
29.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
29.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
29.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
29.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
29.13 DISPUTE RESOLUTION
29.14 SUPPORT OF STRIKERS
29.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
29.16 STRIKES IN PRACTICE
CHAPTER 30 The Right to Strike: United Kingdom
30.1 LEGAL DEFINITIONS
30.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
30.3 THE RIGHT TO CALL A STRIKE
30.4 THE RIGHT TO PARTICIPATE IN A STRIKE
30.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
30.6 PROCEDURAL REQUIREMENTS
30.7 PEACE OBLIGATIONS
30.8 OTHER LIMITATIONS TO STRIKES
30.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
30.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
30.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
30.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
30.13 DISPUTE RESOLUTION
30.14 SUPPORT OF STRIKERS
30.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
30.16 STRIKES IN PRACTICE
CHAPTER 31 The Right to Strike: United States of America
31.1 LEGAL DEFINITIONS
31.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
31.3 THE RIGHT TO CALL A STRIKE
31.4 THE RIGHT TO PARTICIPATE IN A STRIKE
31.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
31.6 PROCEDURAL REQUIREMENTS
31.7 PEACE OBLIGATIONS
31.8 OTHER LIMITATIONS TO STRIKES
31.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
31.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
31.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
31.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
31.13 DISPUTE RESOLUTION
31.14 SUPPORT OF STRIKERS
31.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
31.16 STRIKES IN PRACTICE
CHAPTER 32 The Right to Strike: Uruguay
32.1 LEGAL DEFINITIONS
32.2 THE LEGAL BASIS OF THE RIGHT TO STRIKE
32.3 THE RIGHT TO CALL A STRIKE
32.4 THE RIGHT TO PARTICIPATE IN A STRIKE
32.5 LAWFUL STRIKES ACCORDING TO THEIR PURPOSE
32.6 PROCEDURAL REQUIREMENTS
32.7 PEACE OBLIGATIONS
32.8 OTHER LIMITATIONS TO STRIKES
32.9 THE PUBLIC SECTOR AND 'ESSENTIAL SERVICES'
32.10 SPECIFIC EMANATIONS OF STRIKES AND OTHER FORMS OF INDUSTRIAL ACTION
32.11 LEGAL CONSEQUENCES OF LAWFUL STRIKES
32.12 LEGAL CONSEQUENCES OF UNLAWFUL STRIKES
32.13 DISPUTE RESOLUTION
32.14 SUPPORT OF STRIKERS
32.15 PARITY OF PARTIES AND NEUTRALITY OF THE STATE
32.16 STRIKES IN PRACTICE
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The Right to Strike: A Comparative View

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