A COMPARATIVE ANALYSIS OF THE CONSTITUTIONAL AND LEGAL PROVISIONS ON THE RIGHT TO STRIKE IN INDIA AND OTHER DEVELOPED COUNTRIES BY - M.VIJILAJOHNCY & R. ATHIMADHURA
ABSTRACT
“there is a worldwide conflict between capital and
labour.“------ Mahatma Gandhi
This research paper provides a comparative analysis of the
constitutional and legal provisions concerning the right to strike in India and
several developed countries, highlighting the ongoing global conflict between
capital and labour. The paper explores the historical and contemporary
significance of strikes as a means for workers to assert their rights, advocate
for better working conditions, and negotiate fair wages. While India's
Constitution does not explicitly guarantee the right to strike, it is
indirectly protected under the Industrial Disputes Act of 1947, which imposes
certain restrictions, particularly in essential services and for public sector
employees. In contrast, developed countries such as the United States, the
United Kingdom, and Germany have established more explicit legal provisions
that recognize and regulate the right to strike. This paper examines the
implications of these legal frameworks, the challenges faced by labour
movements in India, and the role of international labour standards,
particularly those set by the International Labour Organization (ILO), in
promoting the right to strike as a fundamental worker's right. Through this
comparative lens, the research underscores the varying degrees of protection
and regulation of the right to strike across different jurisdictions,
emphasizing its importance in the broader context of labour rights and social
justice.
Keywords: Right to Strike, Constitutional Provisions, Legal
Provisions, Labor Rights,
Industrial Disputes,
National Labor Relations Act, Trade Unions.
BIBLIOGRAGHY
Indian Constitutional Law By M.P Jain
Constitutional Law-The New Challenges By G.P Tripathi
The Industrial Disputes Act, 1947 (14 Of 1947)
Labour Laws By M.Nallathambi
Lobour Law By Dr.Sr Myneni
WEBLIOGRAPGHY
Https://Www.Nonviolent-Conflict.Org/Resource/Historical-Nonviolence-Egyptian-Laborers-Strike- Pay- C-1170-Bce/
Https://Archive.Cpiml.Org/Liberation/Year_2008/April/Working_Class_Hundred_Years.
Https://pure.plymouth.ac.uk/ws/portalfiles/portal/39505035/Published%20version.pdf ISBN:9781509933556
Https://Www.Nlrb.Gov/About-Nlrb/Who-We-Are
https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/articles/thehistoryofstrikesintheuk/2015-09-#:~:text=A%20widespread%20workers'%20consciousness%20formed,motivated%20action%20to%20win%20concessions.
https;//ipetretta,+Afrida+Islam+Final+Text+-+Proofread.pdf
https://researchbriefings.files.parliament.uk/documents/CBP-9751/CBP-9751.pdf
CASE LAW
·
Kameshwar Prasad v. The State of Bihar: 1951
·
Indian Express Bombay v. T.M. Nagarajan: 1986
·
Fenner (India) Ltd. vs. Superintendent of Police (2012): 2012
·
D.K. Rangarajan v. Government of Tamil Nadu and Others: 2003
·
The Indian Express Bombay v. T.M. Nagarajan: 1986
·
National Labor Relations Board v. The U.S
·
NLRB v. Jones & Laughlin Steel Corp. in 1937.
·
Glacier Northwest Inc. v. Teamsters: 2023
·
NLRA in Jones & Laughlin Steel Corporation: 1937
1.
INTRODUTION
'Strike for your rights; even if you lose, your conscience
will be at peace.'-- Mahatma Gandhi
From ancient times to modern times,
man has had a need for himself. Man has been doing various work to fulfil such
needs. As the needs increased, the work also increased, and based on that, he
appointed employees at various levels to work under him. The employee was paid
a salary commensurate with the work performed. The salary or wages thus paid
were sometimes found to be adequate and sometimes inadequate for the worker. In
such a situation, workers resort to various methods to get what they need. The
most important of them are strikes and lockouts. Sometimes, the public also
resorts to lockouts and strikes if the government does not fulfil their needs.
Although strikes are used among the general public, strikes are often
successful because they are conducted through trade unions. They are more
common in factories because they Working through trade associations often
brings success to workers. Various countries around the world have granted the
right to strike through their constitutions, and some other countries through
their legal provisions. This article analyses the constitutional and legal
provisions on the right to strike in India and other developed countries right
to strike.
2. HISTORICAL
BACKGROUND OF STRIKE
The first labor strike in ancient Egypt
occurred around 1157 BC. artisans at the royal necropolis at Deir El-medina
protested against the government for not paying them their wages on time and in
full. the sit-in was documented in a papyrus known as the "strike
papyrus", now housed in the Museo Egizio in Turin, Italy. the workers were
upset that the government had failed to provide them with essential goods such
as wheat, forcing them to buy it themselves. when they raised their concerns
with local authorities, they were ignored.[3] eventually, the workers marched to
the vizier's office, who then allowed the grain to be released the next, from
the funerary temples, allowing the workers to temporarily return to their jobs.
from 400 to 200 BC, roman workers disrupted the economy for several days during
the plebeian secession. the plebeian class, which included builders, bakers,
and ordinary labours, occupied a position just above slaves in the social
hierarchy.[4] they periodically stopped work
altogether during "secessions" to advocate for more equal treatment
within the republic. in the initial secession in 494 BC, the plebeians went on
strike to protest a law that would have increased their debt, which led to the
law being repealed and a representative role for the plebeians in government
established. the final secession in 287 bc culminated in the creation of the
plebeian assembly, which gave this class the power to enact their own laws and
elect their representatives.[5]
In 1766, miners working for Spanish
colonists protested wage reductions and poor working conditions. The two
parties eventually negotiated a better labour contract. The strike began on
July 30 after the mining management would not respond to a list of worker
grievances. The strike lasted approximately one month and ended when the
administration agreed to increase wages and meet other demands. It is the first
worker strike in the Americas, and a 1894 strike resulted in 30 people dead,
cost $80 million in damages, and led to the creation of Labour Day in the US. The idea of ??a
general strike, as a deliberate part of the tactics of collaborative
logrolling, supposedly began in Great Britain, where the term had entered the
language by the 1830s. Latterly in the century in France, syndicalist thinkers
believed that workers could achieve a social revolution by using a general
strike to directly erect the possessors of assiduity.
General strikes first came possible
with the growth of large trade unions late in the 19th century. Two large
general strikes passed in Belgium in 1893 and 1902 in support of universal
masculinity franchise. A large-scale strike took place in Sweden in 1902 over
analogous issues and was followed by one in Italy in 1904 protesting the use of
dogfaces as strike breakers. The general strike that gripped Russia during the
Revolution of 1905 forced Napoleon to issue the October Manifesto, in which he
promised to produce a constitution and a public council. In 1909 another
general strike was offered in Sweden, this time in response to the pay
envelope-snap and walkout programs espoused by employers who faced falling
gains. Nearly half of the country's total pool struck, and the cessation lasted
a month before the strike was settled. The Swedish general strike showed that
major profitable reforms could be achieved without resorting to violence.[6]
A general strike in Berlin baffled
a right-sect preemption of the German government in 1920. In 1926 Britain faced
one of the largest of all general strikes, which was accepted by the Trades
Union Congress (TUC) in support of the nation's coal miners, who were in a
bitter disagreement with the mine possessors. About three million of Britain's
five million trade union members joined the strike, which was intended to force
the government to mediate in the coal.
disagreement. The strike lasted
only nine days and ended on May 12, still, after the TUC realized that it was
unfit to disrupt the government's essential public services. General strikes
have been occasional in Europe since World War II. Notable exceptions were the
outbreak of a general strike in France (May 1968), touched off by pupil demands
for educational reform, and civil strikes for social security and educational
reform in Italy (November 1968) involving further than 12 million workers.
France was again the scene of a general strike (November 24– December 12,1995)
that shut down public transportation, hospitals, correspondence delivery, and
numerous other public serviceability and services in kick against the French
government's plans to cut welfare and other social benefits.
In the United States, organized
labour has generally accepted the inviolability of the collaborative contract
and therefore has, in principle, opposed the general strike. In some Asian and
African countries, trade unions confederated with independence movements
frequently resorted to general strikes as a means of political kick during
social rule. In contemporary times, the small compass of assiduity in those
countries has tended to limit trade union exertion. Wherever organized trade
unions live in those countries, still, they've continued to use the general
strike as an instrument for achieving profitable as well as political ends. The
first strike by Indian textile workers took place in March 1862, that is,
within nine times of its appearance. 1200 road workers of Howrah station went
on strike demanding an 8-hour working day. In 1877, workers went on strike at
the Empress Mill in Nagpur demanding a rise in wages. Following the
announcement of job cuts by the Margaret Thatcher-led government, more than
100,000 miners in Britain went on a long strike in 1984.[7]
2.1.
DEFINITION OF RIGHT TO STRIKE
The 'right to strike' refers to a
well-established annual wage for workers to engage in collective action,
express their grievances, and maintain their rights and interests by
withholding their labor as a means of expressing their grievances and
maintaining their rights and interests. It is considered an important symbol of
popular and mortal rights within a society.
Common reasons for strikes are
profit reasons, administrative reasons, and political reasons. Based on the
situation of strikes around the world, strikes can be classified as profit
strikes, sympathy strikes, general strikes, sit-ins, slow strikes, hunger
strikes, and sudden strikes.
According to Industrial Disputes Act, 1947[8], Section 2(q) a strike is “a conclusion of work by a body of
persons employed in any assiduity acting in combination, or a combined
turndown, or a turndown under common understanding of any number of persons who
are or have been so employed to continue to work or to accept employment. Malawi, Labour Relations Act, 1996 [9]Section 2. Delineations."
strike" means combined action performing in a conclusion of work, a
turndown to work or to continue to work by workers, or a slow-down or other
combined exertion of workers that's designed to or does limit product or services,
but does n't include an act or elision needed for the safety or health of
workers, or a turndown to work under section 52 (turn down to do strikers'
work).
SouthAfrica, Labour
Relations Act, 1995 (amended by the Labour Relations Amendment Act, 2002) Section 213. Delineations."
strike" means the partial or complete combined turndown to work, or the
deceleration or inhibition of work, by persons who are or have been employed by
the same employer or by different employers, for the purpose of remedying a
grievance or resolving a disagreement in respect of any matter of collective
interest between employer and hand, and every reference to" work" in
this description includes overtime work, whether it's voluntary or mandatory.[10]
Niger, Labour Code, 1996 side. L620. 1[11]. A strike is a combined labour
cessation decided upon by workers to pursue occupational claims and in defence
of their material or moral interests. Dominican Republic, Labour Code, 1992
Section
401. A strike is the According to voluntary
suspense of work, inclusively agreed upon and carried out by the workers in
defense of their common interests. [12]El Salvador, Labour Code,
1994 Section
527. [13]A strike is the collaborative
suspense of work, agreed upon by a number of workers with the purpose of
reaching a certain end. Section 528. The
strikes accepted by this law, for labor purposes are only those having one of
the following pretensions. The signing or modification of the collaborative
work contract; The signing or modification of a collaborative work agreement,
or The defense of the participated professional interests of the workers. Venezuela, Organic Labour
Law, 1997,
under Section 494. The term strike, is applied to a collaborative suspense of
work by the workers involved in a work conflict.[14]
3.
RIGHT TO STRIKE UNDER
INTERNATIONAL CONVENTIONS
The discusses Convention 87 and
focuses on Article 3[15], which allows workers' and
employers' groups to create their own constitutions and rules, manage their
operations, and develop their programs without excessive interference from
public authorities. The authors use various decisions to show that this right
includes the ability to strike, even though there isn't a specific mention of
it. They argue that the right to strike is connected not only to trade unions'
ability to set their own rules and plans but also to workers' rights to
negotiate collectively, which is safeguarded by Convention No. 98 on The Right
to Organise and Collective Bargaining from 1949.
The right to strike has often faced
challenges from governments and attempts to restrict it. However, it plays an
important role in industrial relations, allowing unions to advocate for their
members and balancing the power dynamics between workers and employers. This
leads to improved working conditions and fair wages for employees. In addition
to serving a social purpose, the right to strike also represents a recognized
fundamental civil right, freedom of association, and some argue that it also
reflects political freedoms. However, with the recent request for an advisory
opinion from the ICJ, the future of the right to strike within the ILO is now
in question.[16]
3.1
THE RIGHT TO STRIKE UNDER THE ILO
ILO Convention No. 87 does not
directly address the right to strike. However, over time, ILO interpretative
bodies have understood Article 3 of the Convention to include the right of
trade unions and employers’ organizations to engage in collective action. This
interpretation arose because collective action is considered an essential part
of freedom of association. Without the ability to strike, workers and employers
cannot effectively advocate for the interests of their members during
negotiations. As a result, the ILO has established a comprehensive and layered
framework for collective action.[17]
On the two aspects discussed here,
the ILO has clarified that the scope of protection for trade unions to engage
in collective action is not limited to strikes or lockouts. It also includes
other types of action, such as “slow-moving” strikes or “work-as-usual” strikes.
In addition, the ILO has consistently advocated a flexible approach to
limitations on strikes, allowing only purely political strikes to be
prohibited. This flexibility enables workers' representatives to negotiate more
effectively with both management bodies and their direct employers. These
guidelines illustrate the broad application and strong protection afforded to
the right to strike and trade union rights within the ILO in general.[18]
4. RIGHT TO STRIKE AS A CONSTITUTIONAL RIGHT
OR LEGAL RIGHT
4.1
RIGHT TO STRIKE
IN INDIA
The Constitution of India, Article
19(1)(c) grants the fundamental right to form associations or trade unions or
cooperatives to the citizens of India. Article 19(1)(c) of this fundamental
right refers only to the right to form associations or trade unions[19]. Apart from this, it does not
guarantee the right to enter into collective bargaining agreements or to strike. It is necessary to
know whether strike is a fundamental constitutional right from some Supreme
Court decision In the 90s, the Hon'ble Supreme Court clarified that even on a
liberal interpretation of Article19,
it cannot be said that the trade union has conferred the right to strike and
collective bargaining, and it was held that this right is not a fundamental
right. The exercise of the fundamental right by a political party whose view is
unjustified from exercising their fundamental rights or duties for their own
benefit or for the benefit of the State or the Nation cannot be accepted."
The Hon'ble Court, which considers strike as a right of the Government
servants, noted that there is no fundamental right conferred on the Government
servants to strike. In the case of Kameshwar Prasad v. the state of
Bihar [20]the court held that the strike is
not a fundamental right that is given to the people. The court also stated that
government employees do not have a legal or moral right to go on a strike. Justice Bhagwati said that the right to strike is
an integral part of collective bargaining and this right is recognized by
industrial law and supported by social justice. It affects the entire economy. Fenner (India) Ltd vs
Superintendent of Police on 12 June, 2012[21]The Constitution of India enshrines
the right to pursue any occupation or business as a fundamental right under
Article 19(g), yet the right to strike does not enjoy the same status. Courts
have acknowledged the strike as a valid tool for labour, governed by the
Industrial Disputes Act. Exercising this right necessitates adherence to the
stipulations outlined in the Act, which imposes regulations and limitations on
the initiation and continuation of strikes. Any strike that contravenes these
provisions is deemed illegal, incurring penalties as specified in Section 26.
An examination of Sections 2(n), 10(1), 12(1), and 22 reveals the legislature's
intent to safeguard public utility services, ensuring that the general public
and society are not unduly inconvenienced. Thus, while the right to strike
remains intact, it is judiciously restricted to prevent a minority of workers
from disrupting essential services through sudden strikes[22]. There is no legal/statutory right
to strike. There is no statutory provision empowering the employees to strike. D.K. Rangarajan vs
Government of Tamil Nadu and others on 6th August, 2003 Furthermore, there is a prohibition
on strike under the Tamil Nadu Government Servants Conduct Rules, 1973
(hereinafter referred to as the "Conduct Rules"). Rule 22 states,
"No Government servant shall engage in or incite or instigate a strike or
in any similar activity." The explanation to the above rule explains the
term 'similar activities'. It states, “For the purpose of this rule, the
expression ‘similar activities’ shall be deemed to include non-work or neglect
of duties without permission and with the intention of compelling his superiors
or the government or any other person to do so.” Protest hunger strike is
commonly called “fasting”.[23]
Article 19(1)(c) of the
Constitution of India grants the fundamental right to form associations or trade
unions or cooperatives to the citizens of India. Article 19(1)(c) of this
fundamental right only refers to the right to form associations or trade
unions. Apart from this, it does not guarantee the right to enter into
collective bargaining agreements or to strike. It is necessary to know from
some judgment of the Supreme Court whether strike is a fundamental
constitutional right. The Indian Express Bombay v. T.M. Nagarajan [24]had held that workers can strike
peacefully. In India, there is a fundamental right to form trade unions, but
there is no fundamental right to strike. In India, the Supreme Court judgments
have made it very clear that the right to strike is not a fundamental right
granted by the Constitution of India. Furthermore, the right to strike is a
legal right. Strikes are a way for workers to demand better working conditions
and fair wages and to play a key role in resolving grievances. However, there
is a veil of ambiguity surrounding this right, and uncertainty about the limits
to its exercise discourages workers.
The above cases and many more have
clarified the definition of a strike, how it should be conducted, and how it
should be implemented through law. Although strike is not a fundamental right according to Indian
Constitution, it has been recognized as a legal right and various practices are
being carried out under it, but in some places, in the name of strike, the law
is not followed and acts as a nuisance to the common people.
4.2.
RIGHT TO STRIKE IN THE UNITED STATES AMERICAN
The United States stands as a
prominent advanced nation globally. American labore have engaged in strikes to
advocate for improved wages, reasonable working hours, enhanced contracts and
benefits, and superior working conditions. The ten largest strikes, involving
millions of workers, have occurred across various sectors, including mining,
manufacturing, transportation, and public services. These strikes have
historically resulted in worker fatalities, economic disruption, and violence.
Established in 1935, the National Labor Relations Board (NLRB) is an
independent federal agency designed to prevent such detrimental strikes from
recurring. Its members and general counsel are appointed by the chairperson
with Senate approval. The NLRB is empowered to protect workers' rights to
organize, collaborate for better working conditions, and select representatives
for negotiations with employers[25]. Additionally, it conducts secret
ballot elections for union representation and addresses illegal labour
practices by private-sector employers and unions, operating under the National
Labor Relations Act of 1935, as amended. The U.S. Supreme Court affirmed the
constitutionality of the National Labor Relations Act (NLRA) in the case of National Labor Relations Board v. Jones & Laughlin Steel
Corporation [26], which significantly bolstered the
labour movement, transforming unions into a formidable political and economic
force. This shift also saw a remarkable rise in female union membership, with
over 800,000 women joining by the late 1930s, tripling the numbers from 1929.
The NLRA's framework was further enhanced by the Taft-Hartley Labor Act of 1947
and the Landrum-Griffin Act of 1959. Recently, the Supreme Court's ruling in Glacier Northwest Inc. v.
Teamsters
[27]allowed companies to seek damages
for property loss during labour strikes, potentially benefiting employers amid
a pro-union National Labor Relations Board. This decision paves the way for
easier recovery of damages incurred during strikes and may also open avenues
for punitive damages against unions or employees engaging in reckless behavior
while asserting their NLRA rights. The American labour landscape is thus shaped
not only by the right to strike and collective bargaining but also by the
intricate balance of employer interests, economic considerations, and equitable
treatment of employees.
4.3.
RIGHT TO STRIKE IN THE U.K
From the onset of the Industrial
Revolution, working men and women have been withholding their labour as a means
of logrolling for better pay and conditions. A wide workers' knowledge formed
in the UK from the peak of the Chartist movement in the 1830s, leading to a
swell of strikes in 1842. Those strikes have been viewed as the first time that
a large body of workers organised themselves in a politically- motivated action
to win concessions.In actuality, a complicated legal framework is necessary for
the "right to strike" in the UK to be realised. Such a complicated
right needs to be operationalised through labour laws, even in nations where
the right to strike is stated explicitly in a constitution. It is a
quintessential example of a "legislated" right. The right to strike
is currently protected by UK law, albeit one that is stitched together from a
number of sources, including statutes like TULRCA, common law, Convention
rights, and pertinent case law, as a result of the Human Rights Act's passage
and the ECTHR's developing jurisprudence.[28]
4.4
RIGHT TO STRIKE IN GERMAN
The right to strike generally Article
9 paragraph 3 of the German Constitution guarantees the right to freedom
of association Of the Basic Law [29]. The right to strike has been
construed by case law as part of the freedom of association. Strikes cannot
violate a collectively accepted commitment of peace and can only occur after
all other avenues of agreement have been explored. Politically motivated
strikes are not allowed. Strikes must be coordinated by a union and aim to
accomplish a goal that can be outlined in a collective bargaining agreement.
Strikes that aimed to assist employees in a different area covered by a collective
agreement were prohibited prior to 2007. However, such strikes have been
permitted since 2007 as a result of a Federal Labour Court ruling. Some methods
of strike action are prohibited; for example, in 2009 the Federal Labour Court
ruled that measures accompanying strikes, such as flash mobs, are only
justified if the employer has effective possibilities of defence. There is no
general legal requirement for a ballot to strike. Instead, the constitutions of
the individual unions, or specific bye-laws, determine whether a ballot is
necessary and the regulations for holding such ballots. If a ballot is held, it
cannot be conducted online. Since 2017, agency workers cannot be used to
replace striking workers, as set out in Section 11 (5) of the Temporary
Employees Act. A breach of this regulation can lead to a fine placed upon an
employer of up to €500,000[30].
4.5.
RIGHT TO STRIKE IN SPANISH
Article 28 of the Spanish
Constitution guarantees the right to strike and states that the legislation
governing strikes must provide the required assurances for the community's
basic services. The main law governing strikes is Royal Decree-Law 17/1977 of
March 4, 1977.On April 8, 1981, the Constitutional Court declared that the
prior ballot threshold requirements were unconstitutional. Online ballots are
not subject to any restrictions. Politically motivated strikes are not allowed.
Employers are not allowed to substitute agency employees or employees who
weren't working when the strike was declared, unless it's absolutely necessary
to protect persons and property or to keep the workspace and supplies in good
condition[31].
Employee strikes in "strategic
sectors with the purpose of interrupting the production process" are
prohibited by Article 7.2 of Royal Decree 17/1977.This law's Article 10.2 gives
the government the authority to agree on any required steps to guarantee the
operation of any public services during strikes in extreme cases. The Supreme
Court has deemed the following sectors which are not specifically mentioned in
legislation to be crucial: public administration, health, education, radio,
television, and broadcasting; legislative activity; public administration; and
the administration of justice and municipalities. The minimum service
requirements for strikes can be specified in some industries, while in others
they have already been predetermined by current legislation.[32]
4.6.
RIGHT TO STRIKE IN FRANCE
The preamble to the 1946
constitution was incorporated into the 1958 constitution, which established the
freedom to strike. "Every man can defend his rights and interests by union
action and join," according to Article 6 of this the partnership of his
choosing. "The right to strike is exercised within the framework of the
laws which regulate it, "according to article 7 of the preamble. For a
strike to be legitimate, all striking employees must completely and
collectively stop working, and the strike must be related to demands made by
the workplace. Politically motivated strikes are prohibited.[33]
At the outset, the employer must be
made fully aware of the demands of the strikers. Strikers risk punishment if
they disregard the labour of non-strikers. Strike ballots are exempt from
statutory turnout or threshold criteria. During a strike, temporary or agency
workers can be hired to make sure minimum service requirements are fulfilled.
However, administrative judges have the authority and frequently do declare
such measures illegal if strikers decide to file a lawsuit against them. This
would occur, for instance, if temporary or agency workers were employed in a
way that essentially compromised the constitutionally protected right to strike
or in a situation where they were not thought to be rendering an essential
service. A Constitutional Council decision that some functions must continue for
the sake of public order or national defence also prevents some public
employees from going on strike. The national police, judges, military
personnel, and jail administration staff are given as examples. In many public
sectors, notice of a strike must be issued several hours in advance, giving
organisations time to arrange a minimum service.[34]
5. CONCLUSION
The right to strike is a key tool in the labour movement,
allowing workers to voice their concerns, seek better working conditions, and
negotiate for improved wages and benefits. However, the legal and
constitutional frameworks surrounding this right vary widely between countries,
influenced by their unique historical, economic, and political contexts. In
India, although the constitution does not explicitly guarantee the right to
strike, it is protected under some labour laws, such as the Industrial Disputes
Act of 1947, which allows strikes but imposes restrictions, particularly in
essential services where advance notice is mandatory, and public sector workers
face strict rules. As a result, labour movements in India often face obstacles
such as political interference and economic constraints that prevent them from
effectively exercising this right.
In contrast, many developed countries, such as the United
States, the United Kingdom, and Germany, have more clearly defined legal
frameworks regarding strikes. These countries recognize the right to strike to
varying degrees through constitutional provisions or legal precedents. For
example, the National Labor Relations Act in the United States allows strikes
under certain conditions, while imposing restrictions to protect national
economic interests. Similarly, Germany recognizes the right to strike in the
context of collective bargaining, although this is generally limited to
sectoral matters and excludes essential services. International labor
standards, particularly those supported by the International Labor Organization
(ILO), highlight the importance of protecting the right to strike as a
fundamental worker's right, albeit with some limitations in essential sectors
to ensure the public interest.
SUGGESTIONS:
·
Revise India's legal framework to strengthen and clarify
strike protections, aligning with international standards while recognizing it
as a fundamental labor right, with necessary restrictions for essential
services.
·
Implement measures to balance the right to strike with the
need to minimize economic isruption and protect vital public services, drawing
on successful models from countries like Germany.
·
Consider adopting International Labor Organization
recommendations to promote strikes as a tool for constructive employer-employee
dialogue, enhancing social justice and public order.
·
Develop effective dispute resolution mechanisms through
collaboration between the government and businesses, including specialized
labor courts and mediation processes, to proactively address labor disputes.
·
Regularly reassess the classification of essential services
to ensure it reflects current public needs, preventing excessive limitations on
the right to strike in non-critical sectors.
[1] M.VIJILA JOHNCY; LLM; CRIMINAL LAW AND
CRIMINAL JUSTICE ADMINISTRATION; THE CENTRAL LAW COLLEGE, SALEM.
[2] R..ATHIMADHURA;
LLM; CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION; THE CENTRAL LAW COLLEGE,
SALEM.
[3]Egyptian Laborers Strike
for Pay https://www.nonviolent-conflict.org/resource/historical-nonviolence-egyptian-laborers-strike-pay-c-1170-bce/
last seen 2days
[4]general strikeeconomics
and politics https://www.britannica.com/topic/general-strike
last seen 5days
[5]right-to-work law https://www.britannica.com/topic/general-strike
last seen 5days
[6] right-to-work law https://www.britannica.com/topic/general-strike
last seen 5days
[8]The industrial disputes
act 1947
[11] Niger, Labour Code, 1996
[12] Dominican Republic, Labour Code, 1992
[13] El Salvador, Labour Code, 1994
[14] Venezuela,Organic Labour Law, 1997
[15] Freedom of
Association and Protection of the Right to Organise Convention, 1948
(No. 87)
[16]
https://www.ejiltalk.org/the-right-to-strike-in-international-law-amid-legal-challenges-exploring-alternatives-to-ilo-convention-no-87/
[17] ILO PRINCIPLES CONCERNING THE
RIGHT TO STRIKE, ISBN 92-2-111627-1 the International Labour Review, Vol. 137
(1998), No. 4. This edition 2000
[18]ILO PRINCIPLES CONCERNING THE RIGHT
TO STRIKE, ISBN 92-2-111627-1 the International Labour Review, Vol. 137 (1998),
No. 4. This edition 2000
[20]1962 AIR 1166
[21] Fenner (India) Ltd vs Superintendent of Police on 12 June, 2012
[22] Fenner (India) Ltd vs Superintendent of Police on 12 June, 2012
[23] D.K Rangarajan vs government of Tamilnadu and others on 6th august, 2003
[25]The National Labor Relations Board https://www.nlrb.gov/about-nlrb/who-we-are
last seen 5days
[28] https://www.gov.uk/industrial-action-strikes
[29] Right to strike, power and
competition by NORBERT F. TOFALL2024 Floss bach von Storch
[30] https://researchbriefings.files.parliament.uk/documents/CBP-9751/CBP-9751.pdf
[31] https://researchbriefings.files.parliament.uk/documents/CBP-9751/CBP-9751.pdf
[32] https://researchbriefings.files.parliament.uk/documents/CBP-9751/CBP-9751.pdf
[33] The Spanish
Constitution 1978
[34] https://researchbriefings.files.parliament.uk/documents/CBP-9751/CBP-9751.pdf