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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
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