Compilation of decisions of the Committee on Freedom of Association

Right to strike10

the conditions were met for requiring a minimum operational service

1. The ferry service is not an essential service. However, in view of the difficulties and inconveniences that the population living on islands along the coast could be subjected to following a stoppage in ferry services, an agreement may be concluded on minimum services to be maintained in the event of a strike.

1. In the maritime sector, the minimum service may relate to the number of crossings carried out per day, instead of the number of staff manning the ship.

1. The services provided by the National Ports Enterprise and ports themselves do not constitute essential services, although they are an important public service in which a minimum service could be required in case of a strike.

1. Respect for the obligation to maintain a minimum service of the underground railways activities to meet the minimal needs of the local communities is not an infringement of the principles of freedom of association.

1. In relation to strike action taken by workers in the underground transport enterprise, the establishment of minimum services in the absence of agreement between the parties should be handled by an independent body.

1. It is legitimate for a minimum service to be maintained in the event of a strike in the rail transport sector.

1. In view of the particular situation of the railway services of one country, a total and prolonged stoppage could lead to a situation of acute national emergency endangering the well-being of the population, which may in certain circumstances justify government intervention, for instance by establishing a minimum service.

1. The transportation of passengers and commercial goods is not an essential service in the strict sense of the term; however, this is a public service of primary importance where the requirement of a minimum service in the event of a strike can be justified.

1. The maintenance of a minimum service could be foreseen in the postal services.

1. The Mint, banking services and the petroleum sector are services where a minimum negotiated service could be maintained in the event of a strike so as to ensure that the basic needs of the users of these services are satisfied.

1. While banking services are not essential in the strict sense of the term, the Committee does consider that in order to avoid damages which are irreversible, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authority could have imposed respect for the procedures relating to the minimum services agreed to by the parties rather than impose compulsory arbitration.

1. Given that the petroleum sector is a strategic service, of vital importance to the economic development of the country, nothing prevents a minimum service being imposed in this sector.

1. Minimum services may be established in the education sector, in full consultation with the social partners, in cases of strikes of long duration.

1. The Committee considered that establishing a minimum service in the education sector is not contrary to the principles of freedom of association.

1. The decision adopted by a government to require a minimum service in the Animal Health Division, in the face of an outbreak of a highly contagious disease, does not violate the principles of freedom of association.

1. The lasting absence of qualified maintenance of elevators and provision of basic services could potentially create a danger to public health and safety.

1. Given that the services provided by the National Institute of Meteorology and Geophysics are essential for air traffic control to be carried out safely, this is an institution in which minimum services can be established when workers have decided to call a strike.

1. In the circumstances of a case concerning the employers determination of a minimum service, the Committee considered that the production of aluminium cannot be viewed as an essential public utility for which a minimum service can be imposed.

1. Certain services, such as licensing of boiler and pressure vessels, licensing of private investigators and security guards, laundry staff and drivers in a community living division attached to public authorities should not be unilaterally declared as essential where minimum services must be maintained.