Compilation of decisions of the Committee on Freedom of Association

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.

1. The closure of trade union offices, as a consequence of a legitimate strike, is a violation of the principles of freedom of association.

1. No one should be penalized for carrying out or attempting to carry out a legitimate strike.

1. Penal sanctions should not be imposed on any worker for participating in a peaceful strike.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.