The best way to measure motivation
Classified in Law & Jurisprudence
Written on in
English with a size of 2.85 KB
Maintenance of essential services and establishment of minimum services. Expressly limit the right to strike is the requirement to ensure the maintenance of essential community services (art. 28.2 CE). These essential services would be those activities that aim to satisfy the constitutionally protected rights or property, without which jeopardized the life, health and satisfaction of basic needs of the person, and freedom of movement throughout the country, public safety, information , etc ... With the guarantee of these essential services are to avoid a worse evil than the strikers feel if your claim or claim is not successful. Thus DLRT Article 10.2 mandates the government authority to agree the necessary measures to ensure the functioning of services, when the strike affecting activities recognized and pressing need. Usually this procedure is performed by determining a set of minimum services during strikes, ie, services which in any case must be provided to users. Fixing these minimum services is not discretionary or arbitrary but must meet different requirements:
1 º) have to be determined by governmental authority impartial, although it is possible the negotiation or proposal prior to the warring parties. 2) They involve the least restrictive of the right to strike, so it must be limited to essential services for coverage of goods and rights in question. 3 º) the establishment of these services must be made according to criteria of proportionality, which must be taken into account the following aspects: - the personal and territorial scope of the measure. - The expected duration and other circumstances involved in the strike. - The specific needs of the service. - The nature of the rights or constitutionally protected rights affected by the strike. 4 º) should be laid in a reasoned decision with enough publicity and duly justified the establishment of minimum services, so it is necessary to specify not only the need for service is provided, but also the specific property and rights that are affected by the strike and the level of services required to preserve them. 5 º) The designation of individual workers who have to maintain minimum services corresponds to the direction of the undertakings concerned , who can name even striking workers, although that business decision can not be arbitrary, but made according to objective criteria and in relation to the services concerned.