Compilation of decisions of the Committee on Freedom of Association

Right to strike10

Importance of the right to strike and its legitimate exercise

1. While the Committee has always regarded the right to strike as constituting a fundamental right of workers and of their organizations, it has regarded it as such only in so far as it is utilized as a means of defending their economic interests.

1. The Committee has always recognized the right to strike by workers and their organizations as a legitimate means of defending their economic and social interests.

1. The right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests.

1. The right to strike is an intrinsic corollary to the right to organize protected by Convention No. 87.

1. Strikes are by nature disruptive and costly; strike action also calls for a significant sacrifice from those workers who choose to exercise it as a last resort tool and means of pressure on the employer to redress any perceived injustices.

1. It does not appear that making the right to call a strike the sole preserve of trade union organizations is incompatible with the standards of Convention No. 87. Workers, and especially their leaders in undertakings, should however be protected against any discrimination which might be exercised because of a strike and they should be able to form trade unions without being exposed to anti-union discrimination.

1. The prohibition on the calling of strikes by federations and confederations is not compatible with Convention No. 87.