• 1. Why Investigate Protection Of The Right To Strike?-- 2. Reasons For Legal Protection And Restriction Of Strikes-- 3. Inclusion Of The Right To Strike In International Instruments-- 4. The Ability Of Supervisory Bodies To Initiate Protection Of A Right To Strike-- 5. Jurisprudence Relating To The Scope Of The Right To Strike-- 6. Past Sources Of Divergence And Prospects For Future Developments.
• (source: Nielsen Book Data)9780198298540 20160528

In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of 'good governance' and 'democratic participation' at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions. Critics of domestic labour legislation tend to appeal to international and European standards, chiefly those promulgated by the International Labour Organisation (ILO), the Council of Europe and the European Union (EU). All these organisations acknowledge the importance of a right to strike, but they differ in the manner in which the right is defined and protected. This book suggests that this is because each organisation adopts a distinctive view of the appropriate justificatory basis of this entitlement. This work also addresses current enthusiasm for reforming the governance of international and European organisations which would bolster their legitimacy. It is suggested that, despite the entrenched structures and cultural norms of each institution, such a process of reform could lead to greater consistency of standards relating to the right to strike. A crucial question for workers, in the light of these developments, is whether there will be a 'levelling up' of rights or diminishing protection for those who organise or participate in industrial action. This book ends by considering the current responses of the ILO, the Council of Europe and the EU to these forces for change.
(source: Nielsen Book Data)9780198298540 20160528

• Introduction
• 1. The right to strike: a comparative view / Bernd Waas
• 2. The right to strike: Argentina / Carlos Mariano Núñez
• 3. The right to strike: Australia / Marilyn J. Pittard and Richard Naughton
• 4. The right to strike: Austria / Florian Burger
• 5. The right to strike: Chile / Emilio Morgado-Valenzuela
• 6. The right to strike: Colombia / Charles Chapman López and Mirna Wilches Navarro
• 7. The right to strike: Czech Republic / Petr Horka
• 8. The right to strike: Ecuador / Flor Espinoza Haucón
• 9. The right to strike: Finland / Johannes Lamminen
• 10. The right to strike: France / Francis Kessler
• 11. The right to strike: Germany / Bernd Waas
• 12. The right to strike: Greece / Effrosyni Bakirtzi
• 13. The right to strike: Hungary / Edit Kajrár and Attila Kun
• 14. The right to strike: Ireland / Anthony Kerr
• 15. The right to strike: Israel / Hadara Bar-Mor and Michal Horovitz
• 16. The right to strike: Italy / Paolo Pascucci
• 17. The right to strike: Japan / Yumiko Kuwamura
• 18. The right to strike: Lithuania / Daiva Patrylaité
• 19. The right to strike: Malaysia / Sharifah Suhanah Binti Syed Ahmad
• 20. The right to strike: Mexico / Alejandro Sánchez Sánchez
• 21. The right to strike: The Netherlands / Mijka Houwerzijl and Willemijn Roozendaal
• 22. The right to strike: Poland / Piotr Grzebyk
• 23. The right to strike: Russian Federation / Nikita Lyutov
• 24. The right to strike: Slovenia / Polonca Končar
• 25. The right to strike: South Africa / Darcy du Toit
• 26. The right to strike: South Korea / Kwang-Taek Lee
• 27. The right to strike: Spain / Magdalena Nogueira Guastavino
• 28. The right to strike: Sweden / Jonas Malmberg and Caroline Johansson
• 29. The right to strike: Turkey / Tankut Centel
• 30. The right to strike: United Kingdom / Jeremias Prassl
• 31. The right to strike: United States of America / Charles B. Carver
• 32. The right to strike: Uruguay / Hugo Fernández Brignoni.

The right of workers to 'strike' - to refuse to work pending the outcome of employer-employee negotiations concerning specified demands - is legally recognized virtually worldwide. Yet national laws on strike action vary enormously, both in terms of the extent of state regulation and of specific procedural rules. The importance of strike law becomes obvious when taking the enormous economic and financial consequences of strikes into account. Considering how many people and businesses are affected by strike actions - particularly with the globalization of industry - the value of a comparative assessment of the right to strike becomes very clear. This book brings together 31 country chapters, each written by national experts on strike law. An introductory general chapter sheds light on similarities and outlines differences in the laws of the countries concerned. The present volume is an outcome of the proceedings of the World Congress of the International Society for Labour and Social Security Law which took place in Santiago, Chile, in September 2012. The country reports submitted at that time have been modified and updated, and more country reports have been added. Each chapter covers the following specific topics: legal definitions; the legal basis of the right to strike; the right to call a strike; the right to participate in a strike; lawful strikes according to their purpose; procedural requirements; peace obligations; other limitations to strikes; the public sector and 'essential services'; specific emanations of strikes and other forms of industrial action; legal consequences of lawful strikes; legal consequences of unlawful strikes; dispute resolution; support of strikers; parity of parties and neutrality of the state; and strikes in practice. Because the strike law issues lawmakers, judges, and legal practitioners must address are similar no matter what the jurisdiction, it makes sense to look beyond borders to learn what solutions are being implemented in other countries.

• Table of cases-- Abbreviations-- Introduction-- Strikes and the Common Law-- Industrial action and the payment of wages-- Industrial action and unfair dismissal-- Unemployment benefit: the trade dispute disqualification-- Industrial action and social welfare-- The social welfare tribunal in Ireland-- Conclusion-- Appendix 1. A note on litigation arising out of the ambulance workers' dispute 1989-90-- Appendix 2. Poor law guardians and the General Strike-- Bibliography-- Index.
• (source: Nielsen Book Data)9780198254393 20160528

The right to strike in Britain is one of the most important, albeit neglected, issues of modern labour law. It is also one of the most controversial, particularly since the dismissal of 5,500 workers at Wapping, which led not only to calls for law reform (and with it a greater degree of positive state intervention in industrial relations) but also to condemnation of the British government by the ILO. The Right to Strike concentrates on the hitherto neglected issue of the liability of union members and their families. It examines the effect of strikes and other industrial action on the contract of employment, the question of the payment of wages to those engaged in industrial action, and the social security implications of unemployment caused by trade disputes. The study also examines the position of striking workers under international law (focusing on the ILO and European Social Charter) and concludes by offering proposals for law reform.
(source: Nielsen Book Data)9780198254393 20160528