STATUTORУ REGULATION OF THE RIGHT TO STRIKE Cover Image

ЗАКОНСКО РЕГУЛИСАЊЕ ПРАВА НА ШТРА ЈК
STATUTORУ REGULATION OF THE RIGHT TO STRIKE

Author(s): Marija M. Toroman
Subject(s): Labour and Social Security Law
Published by: Правни факултет Универзитета у Београду
Keywords: Strike; Conditions; Legislation; Employer; Worker

Summary/Abstract: As one of the trade union rights, the right to strike had different historical development depending of the country, which also applies to legislative approach in regulating it. Basic issues regulated by statute are: defining the notion of the right to strike, general and special conditions for the realisation of that right, relevant rights of workers taking part in the strike,' duties of employer in case of strike, termination of strike and sanctions for not following the rules on settling labour disputes. Comparative analysis of legislation of Belgium, Finland, France, Greece, Italy, Malty, Hungary, Norway, Portugal, FR of Germany and Uruguay shows that attention dedicated to the above issues was not of the same degree in these countries. However, general and special conditions for the realisation of the right to strike are more or less regulated in all consulted legislations. Accordingly, special conditions are the subject of regulation particularly in the countries were strike is considered as a right, and not only a permitted means of presure for settling collective labour disputes. General conclusion is that this right, as one of the specific rights guaranteed by the constitution, should be regulated by a special statute, which would include all basic questions relating to the right to strike.

  • Issue Year: 41/1993
  • Issue No: 3-4
  • Page Range: 243-258
  • Page Count: 16
  • Language: Serbian