Abuse exercise of the right to strike

Abstract

Trade union organizations/elected representatives of employees, in their capacity as subject of collective labor relations, may abusively exercise their subjective rights both at the time of conclusion and at the time of modification, suspension and termination of the collective labor contract. A special situation emerges in the case of the abusive exercise of the right to the association and the abusive exercise of the right to strike and the rights of trade union organizations, of the elected representatives of employees, as the case may be. The right to strike, being a means of ensuring collective negotiations, cannot abusively harm the interests of the other party. In the following article, those situations of abusive exercise of the right to strike will be highlighted, wherein the limits of the exercise of this right are intentionally exceeded by the elected representatives of the employees. Starting from the idea that the strike is declared in order to protect the social interests of employees, the abusive exercise of the right to strike must be evaluated taking into account the prejudicial result of the strike in relation to the organizers' intention and interest to produce this result.