Understanding Labor Strikes and Lockouts: Legal Rights

Item 2: Understanding Labor Strikes

Definition of a Strike

The strike is the most significant form of pressure available to workers. It is defined as a collective suspension of work, previously agreed upon by the employees. During a strike, the employer is not obligated to pay wages to those participating. Furthermore, the employer must respect the right to work of employees who choose not to join the strike.

Illegal Strikes

Strikes are considered illegal under the following circumstances:

• Strikes held for political reasons unrelated to worker interests.
• Solidarity or support strikes, unless they directly impact the professional interests of those promoting them.
• Actions seeking to alter terms already established in a collective agreement.
• Rotating strikes or those in strategic sectors intended to disrupt production.
• Zeal or regulation strikes.

Effects of a Strike

• The employment contract is suspended; therefore, workers do not receive wages during the strike.
• The obligation to contribute to social security is suspended.
• The employer is prohibited from replacing striking workers.
• Strike days must not be deducted from vacation time.

Strike Procedure

• Declaration: Requires an express agreement at each workplace, initiated by worker representatives or by at least 25% of the affected staff via a vote.
• Notification: Employers and labor authorities must be notified in writing at least five calendar days before the start date (ten days for utility companies). The notice must state the strike objectives, start date, and committee composition.
• Strike Committee: Composed of a maximum of 12 workers who represent the staff, tasked with reaching an agreement and ensuring minimum services.

The Lockout

A lockout is a collective suspension of work and closure of the workplace initiated by the employer. Employers may only resort to a lockout in the event of a strike or other irregularities in the collective work regime.

Conditions for a Lockout

• Notorious danger of violence to persons or serious damage to property.
• Illegal occupation of the workplace or imminent danger of such occupation.
• Absenteeism or work irregularities that seriously impede the normal production process.