Right to Strike in Light of the International Labour Organization Recommendations

Martin Štefko

In: Societas et iurisprudentia • 2018 • Volume 6 • Issue 2 • Pages 41-57 • ISSN 1339-5467

Abstract: This paper deals with the right to strike and its fundamental challenges in the Czech labour law. There is only one statutory regulation of strikes (i.e. strikes during collective bargaining to conclude a collective agreement). Oddly enough, those employees who neglect said statutory regulation and strike on constitutional grounds to protect their economic and social freedoms enjoy wider room of manoeuvre. Even today, the strike law is full of vitality that is only to certain degree controlled by the law. The Czech legislator has been unable to pass a law on political and labour strikes in the last three decades. Legal barriers against violence and misconduct have been built up by the Czech courts. Although majority of them is in compliance with the Committee on Freedom of Association of the Governing Body of the International Labour Organization, there are still legal loopholes unsolved by neither national legislation nor the case-law.

Key Words: Labour Law; Strike; Strike Elections; Illegal Strike; Committee on Freedom of Association of the Governing Body of the International Labour Organization; the Czech Republic.

URL: https://sei.iuridica.truni.sk/archive/2018/02/SEI-2018-02-Studies-Stefko-Martin.pdf

Bibliographic Citation

ŠTEFKO, M. Právo na stávku ve světle poznatků Mezinárodní organizace práce. Societas et iurisprudentia [online]. 2018, vol. 6, no. 2, pp. 41-57 [cit. 2020-01-01]. ISSN 1339-5467. Available at: https://sei.iuridica.truni.sk/international-scientific-journal/archive/issue-2018-02/right-to-strike-in-light-of-the-international-labour-organization-recommendations/.