Labor Strike Rights and Employer Lockout Regulations

Understanding the Fundamental Right to Strike

• A strike is a fundamental right of workers enshrined in the constitution.
• It consists of a voluntary cessation of work as a means of pressure to defend professional interests.

Legal Consequences of a Strike Action

• Employment contracts are suspended; the worker does not perform duties, and the employer is not required to pay wages or trade.
• Employers cannot penalize workers for striking or hire replacement staff.
• The rights of those who choose to continue working must be respected.
• The worker remains registered with social security, though contributions are not made during this period.

Authorized Parties for Calling a Strike

• Workers' representatives (unions) by a majority decision.
• Workers themselves, if adopted by a simple majority (half + 1) in an assembly.
• Recognized trade union organizations.

Mandatory Strike Procedures and Notice

• A strike must be declared in writing to both the employer and the labor authority.
• Notice must be provided at least five calendar days in advance.
• A strike committee must be established.
• Provisions for minimum services must be respected.

Role and Composition of the Strike Committee

• The committee may consist of a maximum of 12 workers.
• They are responsible for negotiating with the employer to resolve the conflict.
• They must perform actions aimed at reaching an agreement.
• They must agree upon the necessary minimum services.

Essential Minimum Services During a Strike

• Services must ensure the safety of persons and property.
• Maintenance of machinery and installations must be guaranteed.
• These services are set in accordance with the employer.
• The employer selects the specific workers to perform these tasks.
• Essential public services are determined by the government.

Criteria for an Illegal Strike

• Strikes that do not respect established procedures or legal developments.
• Strikes called for political reasons or purposes alien to the professional interests of workers.
• Solidarity strikes, unless they directly affect the professional interests of those promoting them.
• Strikes intended to alter a collective agreement currently in force, except in cases of radical changes in circumstances or employer breach.
• Actions that violate agreements reached through conflict resolution processes.
• In the event of an illegal strike, participating workers may be subject to dismissal.

How a Strike Reaches Completion

• Through a decision by the workers to end the action.
• By reaching a strike agreement with the employer, which carries the same legal weight as a collective agreement.
• By government decision or mandatory arbitration in cases of serious injury to the national economy.

Employer Rights and Responsibilities

• The right to receive 5 days' notice before the strike begins.
• The right to have minimum services respected.
• The authority to select workers for those minimum services.
• The right to ensure workers do not occupy the workplace.
• The status of workers as unlisted for contribution purposes during the strike.

Employer Lockout: Definition and Reporting

• A lockout is the closure of the workplace by the employer.
• The employer must report the closure to labor authorities within 12 hours.
• The duration is limited to the time required to resume activity or resolve the motivating causes.

Legal Causes for an Employer Lockout

• Existence of violence against persons or serious damage to property.
• Illegal occupation of the workplace or a clear risk of it occurring.
• Widespread work irregularities or lack of attendance that prevent production.

Effects and Completion of a Lockout

• Results in the suspension of contracts and non-payment of wages.
• Workers remain registered in social security without active contributions.
• The lockout ends by employer decision, at the request of employees, or by a decision from the labor authority.

Identifying an Illegal Employer Lockout

• A lockout is deemed illegal if determined so by the labor authority after the fact.
• When pre-conditions for the closure were not met.
• When the employer fails to communicate the closure to the labor authority.