Para Que La Huelga Sea Legal

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Strikes that are illegal because of their purpose. A strike can be illegal or illegal because a purpose or purpose of the strike is illegal. A strike in support of an unfair union or practice, or that would incite an employer to engage in an unfair labour practice, may be a strike for an illegal purpose. For example, it is unfair for an employer to dismiss an employee for failing to make certain legal payments to the union or union, if there is no union or union security agreement (section 8(a)(3)). A strike to force an employer to do so would be a strike for an illegal purpose and therefore an illegal strike. In some countries, the right to strike is granted to all workers in the public and private sectors, regardless of the consequences of suspending work in the public interest. In other countries, the right to strike is not granted to workers in the public sector or essential services, while in many countries strikes may be prohibited in emergency situations. Legal and illegal strikes. The legality of a strike may depend on the purpose or purpose of the strike, whether it takes place at an opportune time or on the behaviour of the strikers. The objectives of a strike and whether they are legal or lawful are issues that are not always easy to determine. These matters often have to be decided or decided by the National Labour Relations Board.

The consequences can be severe for strikers and employers affected by strikes and, as we have seen, include return-to-work problems and wage arrears. The right to picket. Similarly, the right to picket is subject to restrictions and restrictions. As with the right to strike, pickets may be prohibited because of their purpose or timing, or because of misconduct on the picket lines. In addition, section 8 (b) (7) states that it is unfair for a trade union to take pickets for specific purposes, whether or not the picket is carried out at the same time as a strike. However, each worker may or may not support the strike individually. Once you have signed the strike organizers` protocol, you must seek mediation before going on strike. For collective action to be taken to defend the interests of workers to be protected, i.e.

participants do not assume responsibility for the consequences of the action or are harmed by its economic effects, it must meet a definition of a protected strike or similar industrial action. Other violent acts and work stoppages that do not fall within this definition are not protected. In most cases, the suspension of work is considered a strike. Other acts that paralyze or restrict the economic activity of an enterprise, such as a slow labor strike and work in accordance with regulations or a work stoppage, may or may not be treated as a strike and constitute an action protected by law. ILO regulators consider that legal restrictions on such actions can only be justified if they are no longer peaceful. Since employers are guaranteed as a fundamental right, they cannot take revenge on workers through a strike. In addition, by interfering with the productivity of the company or the public services it provides, it is an effective way to fulfill the demands of the job. The definition of the services to be considered essential is, in any case, a sensitive issue.

Certain activities, the interruption of which is not considered in many countries to endanger the life, personal safety or health of all or part of the population, may be considered as such in other countries because of special circumstances. This may be the case, for example, for port or maritime transport services on an island that relies heavily on these services for basic inputs. Often, the extent of the danger depends on the duration of a work stoppage. On the other hand, the effects of a strike depend on the duration of the strike. A strike lasting several days can cause some problems, while a strike lasting several weeks or months can cause serious damage to the affected population, as in the case of a garbage collection services strike. In view of the above, in some countries the authority has the power to declare an essential service or to prohibit a strike in a service or activity if its duration has created an emergency situation for all or part of the population. The right to strike has been explicitly recognized in the constitutions and/or laws of many countries. In some cases, it may be recognized as an individual right of the employee, while in others it is recognized as a collective right of the employees. In the latter case, the employee can only benefit from legal protection with regard to his participation in the strike officially called by the union. The right to strike. Article 7 of the Act provides, inter alia: “Workers have the right … participate in other group activities organized for the purpose of collective bargaining or support or protect each other.¬†Strikes are one of the concerted group activities protected by this article for the benefit of workers.

Article 13 also concerns the right to strike. On the other hand, the regulation also states the reasons why strikes can be considered illegal: this means that it is a simple act of suspension of activities, it can be done in one company or several of its establishments for a limited period of time. It must be led by a coalition of workers that the law calls workers` unions. The union is a permanent coalition or union of workers to achieve a common goal, namely the improvement and defence of their respective interests. NOTE: It should be noted that this document is only a brief overview or summary. A detailed analysis of the right to strike and the application of the law to all factual situations that may arise in relation to strikes is beyond the scope or sphere of this material. Workers and employers expecting to participate in a strike must be informed carefully and competently. In view of the above distinction, any legal restriction should define as clearly and in detail as possible the category of civil servants whose right to strike should be restricted. The decision can be made based on the following factors: We have heard that disgruntled workers are organizing to suspend their striking activities and ask the employer to improve wages and working conditions, or simply ask to stop an initiative or law that will affect workers` working conditions and wages in the future.