When should employees have the right to strike?
A strike is legal – and therefore protected by the NLRA – if the employees are striking for economic reasons or to protest an unfair labor practice by the employer.
When can a strike be legal?
In the absence of a certified or duly recognized bargaining representative, any legitimate labor organization in the establishment may declare a strike but only on the ground of unfair labor practice. (Section 2, Rule XIII Book V, Omnibus Rules Implementing The Labor Code, as amended).
Should essential service workers be allowed to strike?
The essential service argument says that essential service workers should not be allowed to strike, since that form of collec tive bargaining is likely to inflict imminent and substantial harm on soci ety. Both detractors and advocates of the freedom to strike have widely debated the essential service argument.
How are employees allowed to handle legal strikes?
In the case of strikes that do not comply with the act, the employer may approach the Labour Court (exclusive jurisdiction) to grant an order or interdict to restrain any employee from participating in that strike or any conduct in contemplation or furtherance of the strike.
What are the requirements of a protected strike?
What is a protected strike?
- the dispute has been referred to a council or the Commission for Conciliation, Mediation and Arbitration (CCMA) (speak to us about Labour Pro);
- a certificate stating that the dispute remains unresolved has been issued;
- 30 days have elapsed since the referral; and.
What is legal during a protected strike?
A protected strike is a strike that complies with the requirements in the LRA, where the subject matter of the strike is legitimate and procedural requirements are complied with prior to the strike commencing. Importantly, employees are protected from dismissal for participating in a protected strike.
How can employers deal with legal strikes?
Why are essential services not allowed to strike?
Section 213 of the LRA defines ‘essential services’ as ‘a service, the interruption of which endangers the life, personal safety or health of the whole or any part of the population’. Therefore, employees working in a sector that is deemed an essential service may not go on strike or engage in any strike action.
What are the restrictions imposed by the Act on the right to strike?
It provides that no person employed in public utility service shall go on strike in breach of contract: Without giving to employer notice of strike with in six weeks before striking; or. Within fourteen days of giving such notice; or. Before the expiry of the date of strike specified in any such notice as aforesaid; or.