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The Right to Strike within the Framework of the ILO

Published online by Cambridge University Press:  21 May 2009

P. Hoefer-van Dongen
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Extract

In many countries, including our own, the question whether there should be a right to strike, and, if so, to what extent, and with what restrictions, has been and still is hotly debated. There remain few countries where strikes are absolutely prohibited. On the other hand there are also few countries where the right to strike is an inalienable right vested in the constitution. The legislator can adopt various attitudes towards the strike by making a strike a criminal offence, by granting the liberty to strike or the right to strike. In most countries the second attitude prevails; strikes are considered a fairly normal phenomenon though not guaranteed as a right. The method of assesment of the possible illegality of strikes, and the sanctions imposed on workers or trade unions, vary greatly.

Type
Articles
Information
Netherlands International Law Review , Volume 24 , Issue 1-2 , May 1977 , pp. 109 - 119
Copyright
Copyright © T.M.C. Asser Press 1977

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References

1. This is well illustrated by the endless discussions in the Netherlands about the possible regulation by law of the right to strike, centered around Bills no. 10110 and 10111 of 1969. After 6 years it seems likely that these bills will dwindle into the waste paper basket, or will be fragmented by amendments. Consecutive governments are increasingly uneager to renew parliamentary debate on the subject. Indeed, the underlying ideas of the Bills are contrary to ILO- Convention no. 87, but that could be the subject of a whole new article.

2. Article 6.4 of the European Social Charter, Turin 1961: … “the Contracting Parties recognise: the right of workers and employers to collective action in cases of conflicts of interests, including the right to strike, subject to obligations that might arise out of collective agreements previously entered into.”

3. Convention no. 87, adopted by the conference in 1948; conference records, appendix XIX, p. 547. Convention no. 98, adopted by the conference in 1949; conference records, appendix XVIII, p. 850.

4. The reports of the Committee of Experts are published each year under number III(IV), since 1973 under number III,4B. The Committee will further be referred to as “Experts”. The reports of the Governing Body Committee on Freedom of Association are published in the Official Bulletin of the ILO.

5. Article 3 of Convention no. 87 reads as follows: “1. Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. 2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.”

6. For more extensive information on this subject see Landy, , The Effectiveness of International Supervision, (London: Stevens 1966), p. 19 ff.Google Scholar

7. Exp. 1953, p. 2, 3.

8. Exp. 1959, p. 114, 115.

9. Exp. 1959, p. 114, 115.

10. Exp. 1964, p. 91; 1969, p. 88; 1971, p. 124, 132; 1972, p. 163.

11. Exp. 1973, p. 45.

12. Exp. 1973, p. 45.

13. Exp. 1972, p. 158.

14. Exp. 1959, p. 114.

15. Exp. 1973, p. 45.

16. Exp. 1959, p. 114, 115; 1964, p. 91; 1969, p. 88, 89, 195; 1972, p. 158; 1973, p. 45.

17. Exp. 1973, p. 45.

18. Exp. 1973, p. 44.

19. Exp. 1961, p. 70; 1963, p. 92, 93; 1966, p. 99; 1967, p. 88, 89; 1969, p. 89, 90; 1971, p. 125; 1973, p. 119. See for text of article 3 of Convention no. 87 footnote no. 5.

20. Exp. 1967, p. 92; 1970, p. 122; 1973, p. 113.

21. Exp. 1973, p. 45.

22. Exp. 1973, p. 46; 1957, p. 81, 168; 1959, p. 46; 1961, p. 93; 1962, p. 112, 113; 1963, p. 93; 1964, p. 93.

23. Exp. 1962, p. 112, 113; 1963, p. 96.

24. Exp. 1957, p. 82, 169; 1959, p. 46; 1963, p. 96; 1973, p. 46.

25. FofA, par. 241, 242, p. 97, 98.

26. FofA, par. 246, p. 99.

27. FofA, par. 247, p. 99.

28. FofA, par. 249, 250, p. 100.

29. FofA, par. 243, 244, p. 98.

30. FofA, par. 248, p. 100.

31. FofA, par. 251, p. 101.

32. FofA, par. 252, p. 101.

33. FofA, par. 254, 255, 256, 258, pp. 102, 103.

34. FofA, par. 257, p. 103.

35. FofA, par. 272, p. 109.

36. FofA, par. 273, p. 109, 110.

37. FofA, par. 269, p. 108.

38. FofA, par. 259, 263, 264, pp. 104, 105.

39. FofA, par. 260, 261, p. 104.

40. FofA, par. 276, p. 111.

41. FofA, par. 279, p. 112.

42. FofA, par. 280, 281, pp. 112, 113.

43. FofA, par. 282, p. 114.

44. FofA, par. 287, 288, p. 116.

45. FofA, par. 285, 287, p. 116.

46. Survey, , p. 41.Google Scholar

47. Survey, , p. 47.Google Scholar