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Compilation of decisions of the Committee on Freedom of Association

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Right to strike10

Sanctions

In the event of a legitimate strike

  1. Imposing sanctions on unions for leading a legitimate strike is a grave violation of the principles of freedom of association.
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Related CountryReportParagraph
2794Kiribati3621138
2797Democratic Republic of the Congo3621454
Digest: 2006658
  1. The closure of trade union offices, as a consequence of a legitimate strike, is a violation of the principles of freedom of association.
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Related CountryReportParagraph
Digest: 2006659
  1. No one should be penalized for carrying out or attempting to carry out a legitimate strike.
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Related CountryReportParagraph
2472Indonesia343966
2473United Kingdom of Great Britain and Northern Ireland3461532
2494Indonesia348961
2569Republic of Korea351640
2664Peru3551089
2735Indonesia358608
2747Iran (Islamic Republic of)360840
2754Indonesia359680
2794Kiribati3621138
2938Benin367227
2972Poland368824
2994Tunisia370735
2994Tunisia3761002
3004Chad372573
3030Mali374536
Digest: 2006660
  1. Penal sanctions should not be imposed on any worker for participating in a peaceful strike.
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Related CountryReportParagraph
3057Canada374217
  1. Penal sanctions should only be imposed if, in the framework of a strike, violence against persons and property or other serious violations of the ordinary criminal law are committed, and this, on the basis of the laws and regulations punishing such acts.
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Related CountryReportParagraph
1865Republic of Korea353716
  1. Legislative provisions which impose sanctions in relation to the threat of strike are contrary to freedom of expression and principles of freedom of association.
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Related CountryReportParagraph
3057Canada374217
  1. The dismissal of workers because of a strike constitutes serious discrimination in employment on grounds of legitimate trade union activities and is contrary to Convention No. 98.
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Related CountryReportParagraph
2419Sri Lanka3401293
2450Djibouti342428
2472Indonesia343966
2602Republic of Korea350681
2602Republic of Korea355662
2737Indonesia358636
2747Iran (Islamic Republic of)360842
2754Indonesia359680
2797Democratic Republic of the Congo3621454
3018Pakistan372494
Digest: 2006661
  1. When trade unionists or union leaders are dismissed for having exercised the right to strike, the Committee can only conclude that they have been punished for their trade union activities and have been discriminated against.
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Related CountryReportParagraph
2664Peru3551089
2664Peru357812
2735Indonesia358606
2747Iran (Islamic Republic of)360842
2797Democratic Republic of the Congo3621454
2815Philippines3621370
2972Poland368824
3030Mali374536
3121Cambodia380140
Digest: 2006662
  1. Respect for the principles of freedom of association requires that workers should not be dismissed or refused re-employment on account of their having participated in a strike or other industrial action. It is irrelevant for these purposes whether the dismissal occurs during or after the strike. Logically, it should also be irrelevant that the dismissal takes place in advance of a strike, if the purpose of the dismissal is to impede or to penalize the exercise of the right to strike.
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Related CountryReportParagraph
2815Philippines3621370
2937Paraguay371653
Digest: 2006663
  1. The Committee could not view with equanimity a set of legal rules which: a) appears to treat virtually all industrial action as a breach of contract on the part of those who participate therein; b) makes any trade union or official thereof who instigates such breaches of contract liable in damages for any losses incurred by the employer in consequence of their actions; and c) enables an employer faced with such action to obtain an injunction to prevent the commencement (or continuation) of the unlawful conduct. The cumulative effect of such provisions could be to deprive workers of the capacity lawfully to take strike action to promote and defend their economic and social interests.
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Related CountryReportParagraph
Digest: 2006664
  1. The announcement by the government that workers would have to do overtime to compensate for the strike might in itself unduly influence the course of the strike.
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Related CountryReportParagraph
Digest: 2006665
  1. The use of extremely serious measures, such as dismissal of workers for having participated in a strike and refusal to re-employ them, implies a serious risk of abuse and constitutes a violation of freedom of association.
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Related CountryReportParagraph
2355Colombia343477
2355Colombia348311
2380Sri Lanka344197
2380Sri Lanka353269
2488Philippines3461331
2619Comoros353576
2702Argentina357162
2794Kiribati3621138
2902Pakistan3651121
3011Türkiye372647
3022Thailand372615
Digest: 2006666
  1. Should it be determined by the court or by the information gathered that any of the workers dismissed following a strike were employed in services other than those categorized as essential within the meaning of the collective agreement, necessary measures should be taken to ensure that those workers are fully reinstated in their previous positions.
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Related CountryReportParagraph
2500Botswana346325
  1. Workers who are dismissed as a result of their participation in a strike should not be deprived of their lawfully acquired retirement benefits accrued over years of working for an enterprise.
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Related CountryReportParagraph
1914Philippines360104

Cases of abuse while exercising the right to strike

  1. The principles of freedom of association do not protect abuses consisting of criminal acts while exercising the right to strike.
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Related CountryReportParagraph
2465Chile344718
2472Indonesia343959
2472Indonesia348936
2478Mexico356956
2486Romania3441208
2548Burundi349540
2602Republic of Korea355666
2668Colombia354676
2710Colombia362464
2742Bolivia (Plurinational State of)358279
2747Iran (Islamic Republic of)360840
2832Peru3621333
2912Chile368227
2928Ecuador371314
2946Colombia374252
3030Mali374536
3032Honduras374413
Digest: 2006667
  1. Penal sanctions should only be imposed as regards strikes where there are violations of strike prohibitions which are themselves in conformity with the principles of freedom of association. All penalties in respect of illegitimate actions linked to strikes should be proportionate to the offence or fault committed and the authorities should not have recourse to measures of imprisonment for the mere fact of organizing or participating in a peaceful strike.
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Related CountryReportParagraph
2415Serbia3401259
2472Indonesia343959
2472Indonesia348936
2488Philippines356146
2525Montenegro3461242
2602Republic of Korea363465
2616Mauritius3511012
2616Mauritius35866
2659Argentina355242
2723Fiji362842
2723Fiji365778
2829Republic of Korea365577
3022Thailand372616
Digest: 2006668
  1. The Committee considered that some of the temporary measures taken by the authorities as a result of a strike in an essential service (prohibition of the trade unions activities, cessation of the check-off of trade union dues, etc.) were contrary to the guarantees provided for in Article 3 of Convention No. 87. The Committee drew the Governments attention to the fact that the measures taken by the authorities to ensure the performance of essential services should not be out of proportion to the ends pursued or lead to excesses.
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Related CountryReportParagraph
Digest: 2006669
  1. Fines which are equivalent to a maximum amount of 500 or 1,000 minimum wages per day of abusive strike may have an intimidating effect on trade unions and inhibit their legitimate trade union activities, particularly where the cancellation of a fine of this kind is subject to the provision that no further strike considered as abusive is carried out.
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Related CountryReportParagraph
3022Thailand372616
Digest: 2006670
  1. The Committee expects that any fines that could be imposed against trade unions for unlawful strikes will not be of an amount that is likely to lead to the dissolution of the union or to have an intimidating effect on trade unions and inhibit their legitimate trade union activities, and trusts that the Government would endeavour to resolve such situations by means of frank and genuine social dialogue.
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Related CountryReportParagraph
3011Türkiye372649

In cases of peaceful strikes

  1. The authorities should not resort to arrests and imprisonment in connection with the organization of or participation in a peaceful strike; such measures entail serious risks of abuse and are a grave threat to freedom of association.
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Related CountryReportParagraph
3123378625
1865Republic of Korea353728
2471Djibouti344894
2602Republic of Korea355669
2727Venezuela (Bolivarian Republic of)3641083
2747Iran (Islamic Republic of)360840
2760Thailand3591172
2812Cameroon362395
2912Chile368227
2938Benin367227
3018Pakistan372494
3110 378625
Digest: 2006671
  1. No one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike.
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Related CountryReportParagraph
1865Republic of Korea353715
2471Djibouti344894
2494Indonesia348962
2727Venezuela (Bolivarian Republic of)3641083
2741United States of America362772
2742Bolivia (Plurinational State of)358279
2788Argentina362254
2812Cameroon362395
2854Peru3631042
3029Bolivia (Plurinational State of)374111
Digest: 2006672
  1. Criminal sanctions may only be imposed if during a strike violence against persons or property or other infringements of common law are committed for which there are provisions set out in legal instruments and which are punishable thereunder.
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Related CountryReportParagraph
2742Bolivia (Plurinational State of)358279
  1. The peaceful exercise of trade union rights (strike and demonstration) by workers should not lead to arrests and deportations.
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Related CountryReportParagraph
2569Republic of Korea351640
3018Pakistan372494
Digest: 2006673
  1. While emphasizing the importance of conducting legitimate trade union activities in a peaceful manner, the Committee considers that the criminalization of industrial relations is in no way conducive to harmonious and peaceful industrial relations.
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Related CountryReportParagraph
2602Republic of Korea355669

Large-scale sanctions

  1. Arrests and dismissals of strikers on a large scale involve a serious risk of abuse and place freedom of association in grave jeopardy. The competent authorities should be given appropriate instructions so as to obviate the dangers to freedom of association that such arrests and dismissals involve.
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Related CountryReportParagraph
2928Ecuador371314
3008El Salvador372244
3018Pakistan372494
3032Honduras374416
Digest: 2006674
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