Strike Rules in the EU27 and Beyond

Total Page:16

File Type:pdf, Size:1020Kb

Strike Rules in the EU27 and Beyond Strike rules in the EU27 and beyond A comparative overview Wiebke Warneck European Trade Union Institute for Research, Education and Health and Safety (ETUI-REHS) Brussels, 2007 Brussels, 2007 © Publisher: ETUI-REHS aisbl, Brussels All rights reserved Print: ETUI-REHS Printshop, Brussels D/2007/10.574/16 ISBN: 978-2-87452-087-7 (print version) ISBN: 978-2-87452-088-4 (pdf version) The ETUI-REHS is financially supported by the European Community. Table of contents Introduction .......................................................................................................................................................................................................................................... 5 Comparative analysis ............................................................................................................................................................................................................. 7 Glossary ................................................................................................................................................................................................................................................ 13 1. Austria ........................................................................................................................................................................................................................................ 14 2. Belgium .................................................................................................................................................................................................................................... 16 3. Bulgaria .................................................................................................................................................................................................................................... 18 4. Croatia ........................................................................................................................................................................................................................................ 20 5. Cyprus ........................................................................................................................................................................................................................................ 21 6. Czech Republic ............................................................................................................................................................................................................. 22 7. Denmark .................................................................................................................................................................................................................................. 24 8. Estonia ....................................................................................................................................................................................................................................... 26 9. Finland ....................................................................................................................................................................................................................................... 28 10. France ......................................................................................................................................................................................................................................... 30 11. Germany .................................................................................................................................................................................................................................. 32 12. Greece ........................................................................................................................................................................................................................................ 34 13. Hungary ................................................................................................................................................................................................................................... 36 14. Iceland ........................................................................................................................................................................................................................................ 38 15. Ireland ........................................................................................................................................................................................................................................ 40 16. Italy ................................................................................................................................................................................................................................................ 42 17. Latvia ........................................................................................................................................................................................................................................... 44 18. Lithuania ................................................................................................................................................................................................................................. 46 19. Luxembourg ...................................................................................................................................................................................................................... 48 20. Malta ............................................................................................................................................................................................................................................ 50 21. Netherlands ......................................................................................................................................................................................................................... 52 22. Norway ..................................................................................................................................................................................................................................... 54 23. Poland ......................................................................................................................................................................................................................................... 56 24. Portugal .................................................................................................................................................................................................................................... 58 25. Romania .................................................................................................................................................................................................................................. 60 26. Spain ............................................................................................................................................................................................................................................. 62 27. Slovakia ................................................................................................................................................................................................................................... 64 28. Slovenia ................................................................................................................................................................................................................................... 66 29. Sweden ...................................................................................................................................................................................................................................... 68 30. United Kingdom .......................................................................................................................................................................................................... 70 Bibliography ................................................................................................................................................................................................................................... 73 Strike rules in the EU27 and beyond – A comparative overview 3 Introduction In the context of globalisation capital is moving increasingly across borders. As industry in the European Union takes advantage of the possibilities created by the internal market, so trans-national transactions become everyday occurrences. If the European trade union movement too wishes to take up the challenge represented by mobility and movement of services and production in the internal market, the obvious answer, in the case of labour disputes, is to take collective action across the border. Collective action is, still today, very much linked to the highly specific national industrial relations systems. As such, it is regulated almost exclusively by national rules (legislation, collective agreements and case law), which means that the first step
Recommended publications
  • Industrial Action
    Dewi Hardiningtyas, ST, MT, MBA Industrial Action LOGO Source of Industrial Conflict Internal External Style of management Economic policy Physical environment Labor legislation Social relationship Political issue Other facilities National crisis Grievance Social inequalities Industrial Action Industrial action refers collectively to any measure taken by trade unions or other organized labor meant to reduce productivity in a workplace. UK, Ireland and Australia Industrial action US Job action I L O Standards Convention No. 87 the right of trade unions as organizations of workers set up to further and defend their occupational interests (Article 10), to formulate their programs and organize their activities (Article 3). This means that unions have the right to negotiate with employers and to express their views on economic and social issues affecting the occupational interests of their members. J.-M. Servais, “ILO standards on freedom of association and their implementation”, International Labor Review, Vol. 123(6), Nov.–Dec. 1984, pp. 765–781. Types of Industrial Action Occupation Strike Work-to-Rule of Factories General Overtime Slowdown Strike Ban 1. Strike Strike action (labor strike) is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Wildcat Strike (Poole, 1980) This form of strike is in violation of contract and not authorized by the union because no reason or notice is given to employer before embarking 2009, Lindsay Oil on it. Refinery strike Sit-down Strike (Poole, 1980) This is type of strike involve workers being present at work but literally not working. 1930, Flint sit-down strike by the United Auto workers Constitutional vs Unconstitutional Strike (Poole, 1980) Constitutional Strike Unconstitutional Strike This refers to actions that This is a strike action that conform to the due does not conform to the procedure of the collective provisions of the collective agreement.
    [Show full text]
  • 6' POLICY RESEARCH WORKING PAPER 1515 Public Disclosure Authorized
    Wes 6' POLICY RESEARCH WORKING PAPER 1515 Public Disclosure Authorized Indonesia's labor market in Indonesia the I 990s is characterized by rising labor costs, reduced Labor Market Policies and worker productivity,and increasingindustrial unrest. Public Disclosure Authorized International Competitiveness The main problem is generous, centrally Nisha Agrawal mandated, but unenforceable worker benefits. Legislation encouraging enterprise-level collective bargaining might help reduce some of the costs associated with worker unrest. Public Disclosure Authorized Bacground paper for World Development Report 1995 Public Disclosure Authorized The World Bank Office of the Vice President Development Economics September 1995 POIjCY RESEARCH WORKING PAPER 15 15 Summary findings Indonesia's labor market in the 1990s is characterized by would be a hefty 12 percent of the wage bill. The other rising labor costs, reduced worker productivity, and problem is that the government has greatlv limited increasing industrial unrest. The main problem is organized labor, viewing it as a threat to political and generous, centrally mandated, but unenforceable worker economic stability. benefits. Legislation encouraging enterprise-level This approach of mandating benefits centrally through collective bargaining might help reduce some of the costs legislation without empowerinig workers to enforce associated with worker unrest. compliance with the legislation (or negotiate their own Policy measures Indonesia adopted in 1986 led to a benefits packages with employers)
    [Show full text]
  • A Survey of Perception of Members of the Use of Industrial Action In
    A SURVEY OF PERCEPTION OF MEMBERS OF THE USE OF INDUSTRIAL ACTION IN RESOLVING LABOUR DISPUTES AMONG SELECTED TRADE UNIONS IN THE EDUCATION SECTOR IN KISUMU COUNTY OUMA ONYANGO A Management Research Project Submitted in Partial Fulfillment of the Requirement for the Award of the Degree of Master of Business Administration (MBA) School of Business, University of Nairobi October, 2012 DECLARATION This Management Research Project is my original work and has not been presented for award of a degree in the University of Nairobi or any other University. Signed ………………………………………………. Date …………………………… NAME: OUMA ONYANGO Registration Number: D61/63516/2010 This Management Project has been submitted for examination with my approval as University Supervisor. Signed ………………………………………………. Date ……………………………... NAME: MR. GEORGE OMONDI Lecturer School of Business University of Nairobi i DEDICATION This Management Project is dedicated to my late father, Julius Tertius Ouma, whose belief in the power of education has lived in me up to this day, and my late mother Helen Akeyo Lamba, whose perseverance and humility motivated me. ii ACKNOWLEDGEMENT I am grateful to God for seeing me through the entire period of my study and research project. I owe my supervisor Mr. George Omondi special thanks for his immeasurable support and guidance. His positive criticism greatly enhanced and enriched this study. His uncompromising stance on quality and detail greatly motivated me. Special thanks go to my Human Resource Seminar course instructor Professor Peter K’Obonyo of the University of Nairobi for recognizing and appreciating the effort I gave the course thereby inspiring me to further my studies. Lastly, my deep gratitude goes to my family, friends and well-wishers for the belief they have in me.
    [Show full text]
  • GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS
    GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS ABEYANCE – The placement of a pending grievance (or motion) by mutual agreement of the parties, outside the specified time limits until a later date when it may be taken up and processed. ACTION - Direct action occurs when any group of union members engage in an action, such as a protest, that directly exposes a problem, or a possible solution to a contractual and/or societal issue. Union members engage in such actions to spotlight an injustice with the goal of correcting it. It further mobilizes the membership to work in concerted fashion for their own good and improvement. ACCRETION – The addition or consolidation of new employees or a new bargaining unit to or with an existing bargaining unit. ACROSS THE BOARD INCREASE - A general wage increase that covers all the members of a bargaining unit, regardless of classification, grade or step level. Such an increase may be in terms of a percentage or dollar amount. ADMINISTRATIVE LAW JUDGE – An agent of the National Labor Relations Board or the public sector commission appointed to docket, hear, settle and decide unfair labor practice cases nationwide or statewide in the public sector. They also conduct and preside over formal hearings/trials on an unfair labor practice complaint or a representation case. AFL-CIO - The American Federation of Labor and Congress of Industrial Organizations is the national federation of unions in the United States. It is made up of fifty-six national and international unions, together representing more than 12 million active and retired workers.
    [Show full text]
  • Alea Iacta Es: How Spanish Olives Will Force a Radical Change of the CAP Jacques Berthelot ([email protected]), SOL, 7 November 2018
    Alea iacta es: how Spanish olives will force a radical change of the CAP Jacques Berthelot ([email protected]), SOL, 7 November 2018 Contents Summary Introduction I – The sequence of the investigation and the arguments put forward by the protagonists 1.1 – The products at issue: processed ripe olives, raw olives or both? 1.2 – The anti-dumping investigation 1.3 – The countervailing (or anti-subsidies) investigation II – Complementary fundamental arguments 2.1 – Why the EU agricultural products are not exported at their "normal value" 2.2 – Almost all EU product-specific agricultural domestic subsidies may be sued under the AoA and ASCM 2.3 – Which subsidies are product-specific (PS)? 2.4 – The case of the EU alleged PS decoupled direct payments 2.4.1 – Spanish ripe olives receive fully decoupled PS subsidies 2.4.2 – Why the other EU agricultural subsidies are not decoupled but are essentially PS 2.4.2.1 – The mixed behaviour of the guardians of the temple of decoupled subsidies 2.4.2.2 – The EU mantra that decoupled subsidies imply a market orientation of the CAP 2.4.2.3 – The reasons why the EU agricultural subsidies are not decoupled but mainly PS 2.4.2.4 – The case of input subsidies 2.4.3 – The WTO Appellate Body has departed from the GATT definition of dumping 2.4.4 – The best rebuttals of the assertion that the EU subsidies are decoupled NPS III – The consequences to draw to delete dumping and to build a totally new CAP 3.1 – Deleting the dumping impact of EU exports, particularly to developing countries 3.1.1 – Changing
    [Show full text]
  • Revolutionary Syndicalist Opposition to the First World War: A
    Re-evaluating syndicalist opposition to the First World War Darlington, RR http://dx.doi.org/10.1080/0023656X.2012.731834 Title Re-evaluating syndicalist opposition to the First World War Authors Darlington, RR Type Article URL This version is available at: http://usir.salford.ac.uk/id/eprint/19226/ Published Date 2012 USIR is a digital collection of the research output of the University of Salford. Where copyright permits, full text material held in the repository is made freely available online and can be read, downloaded and copied for non-commercial private study or research purposes. Please check the manuscript for any further copyright restrictions. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. Re-evaluating Syndicalist Opposition to the First World War Abstract It has been argued that support for the First World War by the important French syndicalist organisation, the Confédération Générale du Travail (CGT) has tended to obscure the fact that other national syndicalist organisations remained faithful to their professed workers’ internationalism: on this basis syndicalists beyond France, more than any other ideological persuasion within the organised trade union movement in immediate pre-war and wartime Europe, can be seen to have constituted an authentic movement of opposition to the war in their refusal to subordinate class interests to those of the state, to endorse policies of ‘defencism’ of the ‘national interest’ and to abandon the rhetoric of class conflict. This article, which attempts to contribute to a much neglected comparative historiography of the international syndicalist movement, re-evaluates the syndicalist response across a broad geographical field of canvas (embracing France, Italy, Spain, Ireland, Britain and America) to reveal a rather more nuanced, ambiguous and uneven picture.
    [Show full text]
  • Political Power of Nuisance Law: Labor Picketing and the Courts In
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1998 Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The Rachel Vorspan Fordham University School of Law, [email protected] Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Rachel Vorspan, Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The , 46 Buff. L. Rev. 593 (1998) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/344 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. BUFFALO LAW REVIEW VOLUME 46 FALL 1998 NUMBER 3 The Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present RACHEL VORSPANt INTRODUCTION After decades of decline, the labor movements in America and England are enjoying a resurgence. Unions in the United States are experiencing greater vitality and political visibility,' and in 1997 a Labour government took power in England for the first time in eighteen years.! This t Associate Professor of Law, Fordham University. A.B., 1967, University of California, Berkeley; M.A., 1968, Ph.D., 1975, Columbia University (English History); J.D., 1979, Harvard Law School.
    [Show full text]
  • Right to Freedom of Association in the Workplace: Australia's Compliance with International Human Rights Law
    UCLA UCLA Pacific Basin Law Journal Title The Right to Freedom of Association in the Workplace: Australia's Compliance with International Human Rights Law Permalink https://escholarship.org/uc/item/98v0c0jj Journal UCLA Pacific Basin Law Journal, 27(2) Author Hutchinson, Zoé Publication Date 2010 DOI 10.5070/P8272022218 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ARTICLES THE RIGHT TO FREEDOM OF ASSOCIATION IN THE WORKPLACE: AUSTRALIA'S COMPLIANCE WITH INTERNATIONAL HUMAN RIGHTS LAW Zoe Hutchinson BA LLB (Hons, 1st Class)* ABSTRACT The right to freedom of association in the workplace is a well- established norm of internationalhuman rights law. However, it has traditionally received insubstantial attention within human rights scholarship. This article situates the right to freedom of as- sociation at work within human rights discourses. It looks at the status, scope and importance of the right as it has evolved in inter- nationalhuman rights law. In so doing, a case is put that there are strong reasons for states to comply with the right to freedom of association not only in terms of internationalhuman rights obliga- tions but also from the perspective of human dignity in the context of an interconnected world. A detailed case study is offered that examines the right to free- dom of association in the Australian context. There has been a series of significant changes to Australian labor law in recent years. The Rudd-Gillard Labor government claimed that recent changes were to bring Australia into greater compliance with its obligations under internationallaw. This policy was presented to electors as in sharp contrast to the Work Choices legislation of the Howard Liberal-Nationalparty coalitiongovernment.
    [Show full text]
  • KEEP the PRESSURE ON! What's Going on in South Africa? Laws, and Discrediting the All-White Sentation
    Published by the New York Labor Committee Against Apartheid co CWA Local 1180, 6 Harrison St ., New York 10013 KEEP THE PRESSURE ON! What's going on in South Africa? laws, and discrediting the all-white sentation. The "stay-away" shut down This September, we watched 50,000 elections held this September. factories, schools, shops and transport. protestors march legally and peaceful- The Defiance Campaign has re-ig- ly through Cape Town, without a hint nited the democratic opposition. looking Abroad of police repression . Then newly- Through non-violent direct action, elected president F.W. DeKlerk thousands have participated in in- As the Defiance Campaign con- declares that the door is open for the tegrating hospitals, beaches, parks, tinues, the government has been reform of the apartheid system. In Oc- and workplace canteens. Workers pushed into more visible concessions. tober, eight national heroes of the anti- have held meetings and sing-ins on the It has allowed several municipalities to apartheid struggle are released from trains during their long commutes to repeal "petty apartheid" rules, like long imprisonment, including ANC work. School children and teachers segregated parks. leader Walter Sisulu. staged marches, college students set On October 4, in its most dramatic Are apartheid's rulers giving up at up barricades, and unions called a con- gesture, Pretoria released the country's last? sumer boycott. Banned organizations leading political prisoners, with the Hardly. At the same time the held public rallies to "unban" them- significant exception of Nelson Man- government was making highly selves. dela. publicized concessions, it was also kill- On September 6, three million DeKlerk's gestures are directed at ing 27 election protestors, putting joined a national strike to protest the international as well as internal hundreds more in detention, raiding elections, which exclude blacks from audiences.
    [Show full text]
  • Working to Contract and Working to Rule
    UCU dispute 2011 Working to contract and working to rule Guidance for UCU branches and members Starting on 10 October, 2011 the union is This is not straightforward. Academic contracts asking members to abide by the terms of are highly flexible and often vague. Local their contracts (including their obligation to agreements covering workload vary markedly. perform their duties in an efficient manner), but However, we have provided guidance in as to do no more than that; and in particular to: much detail as possible, as well as links to local contracts, agreements and policies below. l to work no more than their contracted hours where those hours are expressly General stated, and in any event not to exceed 1. What is the dispute about? the maximum number of hours per week The USS employers have imposed an stipulated in the Working Time Regulations inferior, two tier system which will see new starters receive much lower benefits; l to perform no additional voluntary duties, reduce protection of our pensions against such as out of hours cover, or covering for inflation and reduce the amount staff colleagues (unless such cover is contractu- receive if they are made redundant. ally required) The proposals have been opposed by l to undertake no duties in breach of health USS members in two referendums, and and safety policies or other significant by UCU members in two industrial action employer’s policies ballots, but the employers have insisted on imposing them without further negotia- l to set and mark no work beyond that work tion. which they are contractually obliged to set and/or mark The employers initially proposed to UCU that all staff should be placed on the in- l to attend no meetings where such atten- ferior 'career average' terms now to be dance is voluntary on the part of the offered to new starters.
    [Show full text]
  • 3.70.120 Work Stoppage Prohibited [STRIKES]
    3.70.120 Work stoppage prohibited [STRIKES]. A. Employees may not engage in strikes, slow downs or intentional work disruptions. Upon a finding by the mayor that employees are engaging or about to engage in a strike or other activity prohibited by this chapter, the municipal attorney may petition to the Superior Court for an injunction, restraining order, or such other order as may be appropriate. B. Prohibited acts by employees and employee representatives. No employee, employee organization, bargaining representative, labor union, association or officer thereof shall engage in, cause, instigate, encourage or condone a strike, slowdown, walkout or other form of voluntary unauthorized work disruption [COLLECTIVE WORK ACTION] against the municipality. [REGARDING ANY SERVICE SPECIFIED IN SECTION 3.70.110.A.1. NO SUCH PERSON OR ORGANIZATION SHALL TAKE SUCH ACTION WITH RESPECT TO SERVICES SPECIFIED IN SECTION 3.70.110.A.2 OR A.3 PRIOR TO COMPLETION OF THE PROCESS DESCRIBED IN SECTION 3.70.110.C OR THEREAFTER, IF THE COURT DETERMINES THAT SUCH ACTION HAS BEGUN TO THREATEN THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC.] The municipality shall not engage in a lockout or other procedure designed to prevent willing employees from working. No party shall cause, instigate or encourage a strike by refusing to bargain in good faith over mandatory subjects as defined in this Code. C. [B] Prohibited acts by supervisory personnel. No person exercising on behalf of the municipality any authority, supervision or direction over an employee may authorize, approve, condone or consent to a strike, slowdown, walkout or other form of voluntary unauthorized work disruption by employees.
    [Show full text]
  • Gray, Neil (2015) Neoliberal Urbanism and Spatial Composition in Recessionary Glasgow
    Gray, Neil (2015) Neoliberal urbanism and spatial composition in recessionary Glasgow. PhD thesis. http://theses.gla.ac.uk/6833/ Copyright and moral rights for this thesis are retained by the author A copy can be downloaded for personal non-commercial research or study, without prior permission or charge This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the Author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the Author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Glasgow Theses Service http://theses.gla.ac.uk/ [email protected] Neoliberal Urbanism and Spatial Composition in Recessionary Glasgow Neil Gray MRes Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy School of Geographical and Earth Sciences College of Science and Engineering University of Glasgow November 2015 i Abstract This thesis argues that urbanisation has become increasingly central to capital accumulation strategies, and that a politics of space - commensurate with a material conjuncture increasingly subsumed by rentier capitalism - is thus necessarily required. The central research question concerns whether urbanisation represents a general tendency that might provide an immanent dialectical basis for a new spatial politics. I deploy the concept of class composition to address this question. In Italian Autonomist Marxism (AM), class composition is understood as the conceptual and material relation between ‘technical’ and ‘political’ composition: ‘technical composition’ refers to organised capitalist production, capital’s plans as it were; ‘political composition’ refers to the degree to which collective political organisation forms a basis for counter-power.
    [Show full text]