Strike

Any issue relating to working life may be the subject of a strike, such as opposition to temporary layoffs, substantial changes to contracts, restrictions, working conditions, pay rises, etc.

A strike is therefore a right enjoyed by workers. It does not constitute a breach of the employment contract, except in the event of gross misconduct on the part of the workers.

How should a strike be managed?

A strike is a collective labour dispute; in other words, it concerns the collective interests of employees. When faced with a strike, the employer must first negotiate with the strikers’ representatives to resolve the crisis as quickly as possible.

Employers should avoid giving orders to their workers during a strike, as the workers are under no obligation to carry them out, given that employment relations are suspended. In return, the company does not pay them during this period.

Involving the labour authorities 

If internal negotiations fail, the dispute is brought to the attention of the labour authorities: the National Labour Directorate, in the case of an inter-regional collective dispute, i.e. if the dispute extends across the territory of two or more Regional Labour Inspectorates; the Labour Inspectorate, where the dispute is confined to the territory of a single administrative region.

The Labour Inspectorate or the National Labour Directorate summons the representatives of the striking workers and the employer’s representatives to analyse and discuss all the points of disagreement that are the subject of the strike.

The conciliator has six (6) days to draw up a report recording either the agreement reached or the failure of the conciliation.

The conciliation agreement, signed by the parties, dated and countersigned by the labour inspector, is immediately enforceable.

In the absence of an agreement, the conciliator shall draw up a report on the failure of the conciliation and submit it to the Minister responsible for Labour, who shall in turn refer the matter to an arbitration board.

What should be done if a single employee stops work and goes on strike?

If the strike has been called by the trade union branch of a particular sector or even by the national trade union confederation, a work stoppage by a single employee or a small group of employees is lawful. Thus, it is not necessary for the majority of employees to join the strike for it to be deemed lawful.

New development 

 In the private sector, there is no requirement for advance notice before a strike is called. Therefore, surprise or wildcat strikes are lawful.

It is in the public sector that the notice period and the conditions for exercising the right to strike are regulated.

Terminology

 Arbitration Board: This is an ad hoc body that rules on disputes which have not been resolved by the labour administration. It comprises a presiding judge and four assessors, two of whom represent employers and two of whom represent workers, all selected from among its members by the Higher Labour Council. The Arbitration Board rules in accordance with law and equity.

Unlawful strike: A strike is unlawful during the conciliation proceedings and as soon as an arbitral award has become enforceable.

A strike carried out in breach of this provision may result in the termination of the strikers’ contract(s) with effect from the day work ceases, with no rights other than the salary for the days worked and the paid annual leave entitlement accrued up to that date.

Lock-out: This is the closure of the business by the employer during the strike period. A lock-out is also unlawful during the period specified above for strikes (conciliation – enforceable arbitral award).

A breach of this provision entails the following for the employer:

• Payment to workers of the wages lost as a result;
• Ineligibility for three years to hold office as a member of a chamber of commerce;
• A ban on serving on the Higher Labour Council and on participating in any capacity in a works contract or a supply contract on behalf of the State or a public authority.