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Right to Strike in the light of ILO's Recommendations

Publication at Faculty of Law |
2018

Abstract

This paper deals with right to strike and its fundamental challenges in 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, strike law is full of vitality that is only to certain degree controlled by law.

The Czech legislator has been unable to pass a law on political and labour strikes in last three decades. Legal barriers against violence and misconduct have been build up Czech courts.

Although majority of them is in compliance with the International Labour Organisation's Freedom of Association Committee, there are still legal loop holes unsolved by neither national legislation, nor case-law (e.g., jurisdictional strikes, strikers' intimidation or menacing behaviour).