Myth and Reality of the Right to Strike as a ‘Fundamental Labour Right’

Abstract

This article addresses the right to strike in the context of recent developments in China. The matter is discussed through the medium of developments at the International Labour Organization (ILO) in 2012 where the existence of the right to strike was questioned by the International Organisation of Employers (IOE) in highly confrontational and controversial circumstances, in the process presenting a major political challenge to the ILO supervisory bodies and their very survival. It is argued here that the IOE claims are greatly exaggerated, that the position of the ILO supervisory bodies is easily defended, and that the behaviour of the IOE presents a serious threat to the rule of law. The article concludes with some brief reflections on the implications of the foregoing for the right to strike in China.