Understanding Strike Regulations: Essential Services, Limits, and Legal Procedures

Posted on Jan 14, 2025 in Tourism

Minimum Essential Services in the Community During Strikes

In strikes affecting fundamental rights and public liberties, minimum essential services are dictated by the governing authority. Once the minimum services are determined, they must be established by the strike committee and the employer. A minimum of 10 days’ notice is required.

Maintenance Services and the Community

In all strikes, maintenance services are provided by workers after the strike ends to recover productive activity. These are distinct from minimum essential services.

Limits to the Right to Strike

Objectives:

Strikes will be considered illegal if:

  1. They have political motives or purposes unrelated to workers’ interests.
  2. They are solidarity or support strikes, unless there is a direct impact on the workers’ interests.
  3. They are “novatory” strikes (aimed at altering existing agreements).

Strikes will be considered legal if:

  1. Their purpose is to interpret a collective agreement.
  2. They are intended to pressure the company.
  3. They require the amendment of an agreement due to changes in circumstances (rebus sic stantibus clause).
  4. They are intended to make a complaint to the collective agreement committee.

Rotating strikes that interrupt the production process, those in strategic sectors, “zeal” or “work-to-rule” strikes, and any that alter employment status are illegal. The right to strike may restrict the employer’s freedom, with the burden of proof falling on the employer.

Procedural Requirements for Strikes

  1. Written communication: Formal notification of the strike must be provided in writing.
  2. Content of the communication: The notification must include the objectives of the strike, steps taken to resolve differences, the start date of the strike, and the composition of the strike committee.
  3. Notice period: A 5-day notice period is generally required. For strikes in public services, a 10-day notice is required, except in cases of force majeure.
  4. Constitution of a strike committee: A strike committee must be formed.

Jurisdiction of the Labor Authority

The courts of the social order have jurisdiction over claims within the social branch of individual and collective conflicts (Art. 1 LPL).

Individual Labor Relations

All disputes arising from the employment contract, including those subject to special labor relations, are under the jurisdiction of the labor courts. This includes issues related to the professional regime of self-employed workers, as referred to in the TE (Workers’ Statute). They also hear collective relations of different aspects of industrial relations (constitution of partnerships, legal regime, elections of the company committee).

Exception for Criminal Matters

An exception is made for criminal matters, which fall under the jurisdiction of the criminal courts.

Administrative Acts Subject to Administrative Law

Administrative acts related to labor matters are subject to administrative law. This includes the legality of labor regulations, the sanctioning power of the labor administration, and minimum services of the community in case of a strike.

Legitimation of Collective Representations and Collective Processes

The law introduces a series of special processes in which unions or employer associations are the protagonists. There are five procedural pathways:

  1. Protection of freedom of association and other fundamental rights.
  2. Contestation of trade union rules.
  3. Labor disputes.
  4. Refutation of collective agreements.
  5. Union elections.

These processes are aimed at resolving social conflicts within the labor relationship. The decision, by affecting a generic group of workers, will have an erga omnes effect and produce effects of res judicata.