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Compilation of decisions of the Committee on Freedom of Association

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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.
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Related CountryReportParagraph
2506Greece3461071
2506Greece349124
2838Greece3621076
Digest: 2006615
  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.
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Related CountryReportParagraph
2506Greece353101
  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.
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Related CountryReportParagraph
2540Guatemala348817
2619Comoros353573
2690Peru357943
2854Peru3631039
Digest: 2006616
  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.
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Related CountryReportParagraph
2509Romania3441242
2741United States of America362768
Digest: 2006617
  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.
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Related CountryReportParagraph
2741United States of America362768
Digest: 2006618
  1. It is legitimate for a minimum service to be maintained in the event of a strike in the rail transport sector.
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Related CountryReportParagraph
3022Thailand372614
Digest: 2006619
  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.
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Related CountryReportParagraph
Digest: 2006620
  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.
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Related CountryReportParagraph
1865Republic of Korea346755
1865Republic of Korea353711
2415Serbia3401254
2488Philippines3461332
2506Greece3461071
2530Uruguay3481191
2540Guatemala348817
2838Greece3621076
3107Canada377240
Digest: 2006621
  1. The maintenance of a minimum service could be foreseen in the postal services.
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Related CountryReportParagraph
Digest: 2006622
  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.
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Related CountryReportParagraph
1865Republic of Korea346755
1865Republic of Korea353711
2355Colombia348308
2727Venezuela (Bolivarian Republic of)3641082
Digest: 2006624
  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.
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Related CountryReportParagraph
2545Norway3491152
  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.
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Related CountryReportParagraph
2355Colombia343469
  1. Minimum services may be established in the education sector, in full consultation with the social partners, in cases of strikes of long duration.
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Related CountryReportParagraph
2587Peru3541057
2619Comoros353573
2696Bulgaria356308
2784Argentina360243
2803Canada360340
Digest: 2006625
  1. The Committee considered that establishing a minimum service in the education sector is not contrary to the principles of freedom of association.
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Related CountryReportParagraph
2587Peru3541058
  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.
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Related CountryReportParagraph
Digest: 2006626
  1. The lasting absence of qualified maintenance of elevators and provision of basic services could potentially create a danger to public health and safety.
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Related CountryReportParagraph
2484Norway3441093
  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.
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Related CountryReportParagraph
2534Cabo Verde349558
  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.
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Related CountryReportParagraph
2525Montenegro3461240
  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.
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Related CountryReportParagraph
2654Canada356371
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