Compilation of decisions of the Committee on Freedom of Association

Right to strike10

Pickets

1. The action of pickets organized in accordance with the law should not be subject to interference by the public authorities.

1. The prohibition of strike pickets is justified only if the strike ceases to be peaceful.

1. The Committee has considered legitimate a legal provision that prohibited pickets from disturbing public order and threatening workers who continued work.

1. Taking part in picketing and firmly but peacefully inciting other workers to keep away from their workplace cannot be considered unlawful. The case is different, however, when picketing is accompanied by violence or coercion of non-strikers in an attempt to interfere with their freedom to work; such acts constitute criminal offences in many countries.

1. The exercise of the right to strike should respect the freedom to work of non-strikers, as established by the legislation, as well as the right of the management to enter the premises of the enterprise.

1. The requirement that strike pickets can only be set up near an enterprise does not infringe the principles of freedom of association.