Compilation of decisions of the Committee on Freedom of Association

Right to strike10

Wage deductions

1. Salary deductions for days of strike give rise to no objection from the point of view of freedom of association principles.

1. Additional sanctions, such as deductions of pay higher than the amount corresponding to the period of the strike, amount in this case to a sanction for the exercise of legitimate industrial action.

1. In a case in which the deductions of pay were higher than the amount corresponding to the period of the strike, the Committee recalled that the imposition of sanctions for strike action was not conducive to harmonious labour relations.

1. Non-payment for the days worked by teachers in place of days of work stoppage, in particular as a result of an agreement with the governing bodies of the schools, could constitute an excessive sanction that is not conducive to the development of harmonious labour relations.

1. If the salary deductions are applied to the activists of only one trade union, and all the unions have taken part in the strike, this situation would constitute de facto discriminatory treatment against the union concerned, affecting the principles of freedom of association.

1. With regard to allegations that wage deductions were carried out or threatened to be carried out only in respect of the trade union members and not the other strikers, the Committee emphasized that this would be contrary to freedom of association principles.

1. Obliging the employer to pay wages in respect of strike days in cases where the employer is declared responsible for the strike, apart from potentially disrupting the balance in industrial relations and proving costly for the employer, raises problems of conformity with the principles of freedom of association, as such payment should be neither required nor prohibited. It should consequently be a matter for resolution between the parties.

1. Failure to reply to a statement of claims may be deemed an unfair practice contrary to the principle of good faith in collective bargaining, which may entail certain penalties as foreseen by law, without resulting in a legal obligation upon the employer to pay strike days, which is a matter to be left to the parties concerned.

1. Salary deductions for days of strike should only apply to workers who have taken part in the strike or a protest action.