'A strike is the name given to a collective movement conducted at the initiative of all or part of the staff of a company, usually intended to compel employers to negotiate working conditions and pay (Law Dictionary). The right to strike presupposes that there is a contract of employment.
Although it is considered "normal" in France, the concept of strike is not present everywhere. Also, although it is recognized in all countries of the European Union, its terms and conditions of exercise are different. Therefore, the question we will discuss today is:
Do all countries of the European Union recognize the right to strike? Are there limits to this right? Does the issue of minimum service exist in other European countries? Finally, what are the major differences in this field between France and the other countries of the European Union?
Firstly, for the sake of brevity and understanding, and due to the lack of information, we will treat the subject by not distinguishing the public sector from the private sector, unless clarification is needed. Also, we will discuss the concept of minimum service which itself is present in the public sector, unless a specification is given. The right to strike exists and is recognized in all countries of the European Union. However, the status and terms of this law are not the same in all countries.
The right to strike and the European law:
The recognition of the right to strike does not take the same form in national legislation. Indeed, there is a European recognition of this right, but not a definition of the terms of coordination, leaving "free field" in each country with respect to defining the right to strike and its limitations.
In the European Union, this right is not recognized in the Treaty establishing the European Community, but it is defined in the European Social Charter (1961) and the Charter of Fundamental Rights of the European Union (Article 28, 2000 ). These two texts are devoted to "the right of workers and employers to collective action in cases of conflict of interest, including strikes."
The Charter of Fundamental Rights also points out the existence of a right to work which must be reconciled with the right to strike. More generally, the right to strike must coexist with other rights and freedoms of European citizens.
The difference in treatment appears on the national level. Indeed, the legislation concerning the right to strike in European countries can be classified into two groups:
-The first includes countries whose constitution recognizes the right to strike, such as France, Spain, Greece or Portugal.
-The second includes countries that recognize the right to strike by law, such as Germany or Belgium.
The UK meanwhile recognizes the right to strike as a free benefit of "legal immunity".
Along with this difference in recognition of the law, there is a difference in the definition of this right. Some countries recognize the right to strike, whereas others, such as the United Kingdom and Sweden, define the broader concept of dispute.
Tags: Right to strike in European countries, trade union strikes, terms of strike
[...] The strike must not interfere with the lives of citizens, as stated in the Spanish case, "the right of the community with vital services has priority over the right to strike." - Reasons for Solidarity. These include strikes which result "in a work stoppage in support of a claim for professional or economic groups different from those who are on strike." In the United Kingdom and Germany, they are simply prohibited. In Spain, they have a specific right when they are related to a justified and adequate professional interest, whether direct or indirect. [...]
[...] The right to strike exists and is recognized in all countries of the European Union. However, the status and terms of this law are not the same in all countries. A. The right to strike and the European law The recognition of the right to strike does not take the same form in national legislation. Indeed, there is a European recognition of this right, but not a definition of the terms of coordination, leaving "free field" in each country with respect to defining the right to strike and its limitations. [...]
[...] Conditions the right to strike Now turn to the conditions for exercising this right to strike in different countries. This is primarily governed by practical rules about notice, decision making or the duration of the strike, which are present in the different countries of Europe Decision Let us first ask ourselves who may decide to hold a strike. Indeed, this is not the result of an isolated individual, but a group of people, since the strike is a collective movement. [...]
[...] Finally, to conclude the rules on the right to strike, there is a rule on the "dimension" of the strike in Germany or Italy: it must be proportionate to its objectives (demands and desired results) . C. The effects of the strike The strike has an impact on the various contracts of employment in different countries. In France, it results in the suspension of the employment contract, but does it is not terminated unless there is some misconduct on the part of the striker (gross negligence is a fault of particular gravity that reveals the intention to harm the employee's strike). [...]
[...] Limits of the right to strike in Europe In conjunction with these limits of form, there are substantive limits to the right to strike. In fact, it is not the same in all countries, and differs according to the status of individuals, the reasons for the strike, or the industry. The right to strike is thus more or less regulated in different countries. The most considerate are countries such as Italy, and the most "liberal" are countries such as Austria or the United Kingdom Limits depending on the status In some countries, all individuals do not have the right to strike. [...]
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