In Spain, the right to strike is considered a fundamental right, enshrined in article 28 of the Constitution. It is considered a legal way for employees to defend their interests and thus aims to achieve a better balance in the relationship between employer and employee. Employees have a number of mechanisms at their disposal to defend their rights before the employer. One of them is the right to strike to demand better working conditions or to exert pressure. Article 920 of our Federal Labour Code sets out the requirements to be met by the catalogue of demands with which the strike procedure will begin, as follows: However, it is important to know all the legal regulations associated with strikes in order to cover regular channels. Indeed, certain types of strikes are considered illegal under labour law and may constitute grounds for justified dismissal. The right to picket. Similarly, the right to picket is subject to restrictions and restrictions. As with the right to strike, pickets may be prohibited because of their purpose or timing, or because of misconduct on the picket lines.
In addition, section 8 (b) (7) states that it is unfair for a trade union to take pickets for specific purposes, whether or not the picket is carried out at the same time as a strike. Article 450 of our Federal Labour Code stipulates that a strike must pursue the following objectives in order to be carried out: Illegal strikes based on when they take place – effect of the anti-strike contract (no strike). A strike that violates a provision of an anti-strike treaty is not protected by law, and striking workers may be dismissed or otherwise punished, unless the strike was called to protest certain types of unfair labor practices by the employer. It should be noted that not all cases where employees refuse to work are considered strikes and therefore do not constitute violations of anti-strike provisions. A withdrawal or walkout due to exceptionally hazardous health conditions, such as a faulty ventilation system in an aerosol paint shop, was not considered a violation of the anti-strike provision or provision. However, to suspend work due to a strike, it is necessary: • Strikers are threatened with violence against workers who do not participate in the strike. The absence of a strike may not be declared for reasons other than those mentioned in the preceding sections. V.
require compliance with the legal provisions on profit-sharing; Vi. Support a strike involving any of the elements listed in the previous sections; and The objectives of the strike are related to what you want to achieve by stopping work to put pressure on the company. For example, if the reason for the strike call was the loss of various economic benefits, then the purpose of the strike is to restore them. With regard to the resolution of strikes: the right to strike. Article 7 of the Act provides, inter alia: “Workers have the right … participate in other group activities organized for the purpose of collective bargaining or support or protect each other. Strikes are one of the concerted group activities protected by this article for the benefit of workers. Article 13 also concerns the right to strike. He says: strikes for legal purposes. Employees who strike for legal reasons are divided into two classes: economic strikers and strikers for unfair labour practices. Both classes remain employees, but strikers for unfair labour practices have more return-to-work rights. If trade unions meet these conditions, they may organize a legal strike in accordance with the law.
Once the above points have been completed, it will be necessary to carry out the strike procedure prescribed by law in order to carry it out correctly. Similarly, previous steps taken to resolve the dispute leading to the strike must be communicated. In addition, the objectives pursued by the action must be included and the members of the strike committee defined. The strike may affect a company or one or more of its establishments. In accordance with the provisions of the legislation on industrial strikes, they may be designated as Article 451. To suspend work is necessary: Illegal strikes for their purpose. A strike can be illegal or illegal because a purpose or purpose of the strike is illegal. A strike in support of an unfair union or practice, or that would incite an employer to engage in an unfair labour practice, may be a strike for an illegal purpose. For example, it is unfair for an employer to dismiss an employee for failing to make certain legal payments to the union or union, if there is no union or union security agreement (section 8(a)(3)). A strike to force an employer to do so would be a strike for an illegal purpose and therefore an illegal strike. Definition of strikers for unfair labour practices. Unfair Labour Practices Strikers are workers who strike to protest an unfair labour practice of their employer.
These strikers cannot be dismissed or replaced permanently. When the strike ends, strikers for unfair labour practices, if there is no wrongdoing or serious misconduct on their part, have the right to get their jobs back, even if the employees hired for their work would be fired. When a strike is called, the following effects have the following effects, which must be respected by both the workers and the enterprise: II. In hospitals, sanatoriums, clinics and similar institutions, care for patients detained at the time of the work interruption continues until they can be transferred to another facility. I. Strike a balance between the various factors of production, harmonize the rights of labour with those of capital; • Strikers physically prevent people from entering or leaving a strike installation. What are the legal requirements for the strike procedure? It is clear from reading these two provisions that the law not only guarantees the right of workers to strike, but also restricts and restricts the exercise of this right. However, each worker may or may not support the strike individually. Once you have signed the strike organizers` protocol, you must seek mediation before going on strike.
I. The suspension of work shall be effected by fewer workers than that provided for in Article 451, paragraph II; NOTE: It should be noted that this document is only a brief overview or summary. A detailed analysis of the right to strike and the application of the law to all factual situations that may arise in relation to strikes is beyond the scope or sphere of this material.
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