The European Trade Union Institute coordinated the production of factsheets on 35 countries, setting out the legal provisions on the right to strike, identifying in particular specific rules affecting the public services. This provides a wealth of information to trade unionists who can now compare and contrast the legislative requirements in their country with many other countries across Europe. Many groups of public sector workers are restricted or even banned from taking strike action. Procedural rules and requirements to provide minimum levels of essential services can also further limit their rights. Recent challenges to the right to strike The right to strike is fundamental for trade unions in underpinning their ability to organise, collectively bargain and represent their members. However, this right has often been restricted for public service workers and in recent years has come under attack. There have been a number of worrying developments in recent years where governments and international institutions have attempted to undermine the right to strike. These include the following: In July 2018, members of the UK public and commercial services PCS union delivered the highest ‘yes’ vote and turnout in the union’s history. However, the vote was invalid because of restrictions on public sector strike action introduced by the centre-right Conservative government in 2016. Eighty-six per cent of almost 60,000 PCS members voted in favour of action to demand a pay rise, but although representing 42 percent of the workforce, their number fell short of the required 50 percent turnout threshold; In June 2018, the Belgian government proposed new laws to limit the right of prison workers to take industrial action. In January 2018, as part of the package agreed with European lenders, the Greek Parliament voted on restrictions on the right to strike as well as further public sector job cuts and cuts to pensions and tax allowances; and In January 2017, Italian forestry workers took to the streets to demand a delay in their forced transfer to the Carabinieri police force, effectively militarising them and denying them the right to strike. Which workers are denied the right to strike? Although it is common for members of the armed forces, the security services, the judiciary, and police and prison officers to be excluded from the right to strike, union organisations have successfully challenged outright bans even in these areas. In the Czech and Slovak Republics, workers in whole sectors of the civil service, public utilities, ‘crucial enterprises’ and essential services are excluded from the right to strike. They include those in health and social care, where a strike could endanger people’s lives or health; employees operating nuclear power stations or equipment; fire and rescue workers; air traffic controllers; and telecommunications workers, where a strike could endanger life or health or damage property. In Denmark, certain categories of civil servants are considered bound by a special relationship of trust and are banned from striking. Since 2012, deputy police prosecutors, public prosecutors and state prosecutors have not been considered to be civil servants and therefore now have the right to strike. However, the latest figures show the number of Danish civil servants denied the right to strike stood at 44,000. In Estonia a civil servant who is an official, that is a person in a public-law service and trust relationship with the state or local government, is not allowed to strike. Although the ban does not apply to employees in public administration generally, it does apply to rescue workers and employees in the Ministry of Defence, Defence Resources Agency and the Defence League. In Turkey, a law completely barring public servants from striking was passed in 2001. As set out in the country reports, these same groups of workers do have the right to strike in other European states. Restrictions related to essential and minimum services The ILO defines essential services as those ‘whose interruption would endanger the life, personal safety or health of the whole or part of the population’. However, a far wider interpretation of ‘essential services’ restricts the right to strike in a number of countries. For example, in Albania, civil servants working essential services of state activity, including transport, public television, water, gas...
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