Legality Of Strikes Research Articles

Collective Labor Disputes and Strikes in Russia: The Impact of Judicial Precedents and Enforcement

The right to strike is recognized in the Constitution and the Labor Code of the Russian Federation as a means to resolve collective labor disputes. However, in Russia labor protests come up for discussion much more frequently than strikes. In recent years the number of labor protests in Russia, including various forms of work stoppage, has increased significantly compared to previous years, but the number of legally constituted collective labor disputes and strikes has remained very low. The legislation on resolution of collective labor disputes and mounting strikes is quite restrictive in Russia, and its enforcement also encourages employees to seek alternative ways to settle collective labor conflicts. There is little empirical research on the judicial implementation of these norms and its influence on the enforcement of legislation. Therefore, this paper analyses the reasoning of courts in cases on the legality of strikes, their interpretations of the law, and the impact these decisions have on the enforcement of the legislation on resolution of collective labor disputes and strikes. Our conclusion is that the courts act as another restrictive influence on the resolution of collective labor disputes and the exercise of the right to strike in Russia.

On 'Red Lines' and 'Blurred Lines': Syria and the Semantics of Intervention, Aggression and Punishment

One of the most striking features of discussion concerning the legality of strikes against Syria is the mixture of semantics relating to intervention. Vocabularies relating to the use of force have generally been distinct from the realm of International Humanitarian Law and International Criminal Law. The Syria debate folds criminal justifications into the rhetoric of intervention. Intervention is regarded as a means to achieves rationales and objectives of retribution. This essay examines arguments relating to (i) regime accountability under existing doctrines (R2P, 'humanitarian intervention,' 'protection of civilians,' (ii) the ‘punitive’ and deterrence-based justification of intervention, and (iii) the semantics of 'aggression.' It argues that use of force cannot and should not serve as a short-cut to international justice or as a means of punishment.

Impact of the Trade Union Act 1984 on the BMA.

When the Conservative administration entered office in June 1979 it was widely believed that the tide of industrial relations legislation would recede. Such an assumption could not have been more mistaken: since 1979 the government has enacted three important and extensive pieces of legislation in this area? the Employment Acts of 1980 and 1982 and the Trade Union Act 1984.13 All these are intended to alter radically the be? haviour of trade unions and their members. For the most part professional bodies such as the BMA have been able to observe these changes in employment law from a safe distance; the new legislation on the legality of strikes and picketing was not seen to have any direct bearing on an organisa? tion whose members were unlikely to take part in (or even contemplate) such activities. The main thrust of the legislation was seen to be aimed at the industrial unions, not professional bodies. This pattern was broken by the Trade Union Act 1984, in particular by that part of it that establishes new rules for the election of executive bodies of trade unions. When the govern? ment published its green paper Democracy in Trade Unions in January 1983 the BMA initially assumed that its highly demo? cratic procedures more than satisfied the principles of trade union enunciated in the discussion paper: voting invariably takes place in conditions of secrecy; members eligible to vote have the opportunity to do so under a system which provides the best opportunity of a reasonable turn out; votes are counted fairly; and those who take decisions at the highest levels are properly representative of, and accountable to, the membership as a whole.4 Indeed, was not the BMA, in the words of the celebrated historians Beatrice and Sidney Webb, one of the most highly developed and efficient of British professional organisations with a complicated constitution, which included all the devices of advanced democracy ? Thus we could continue to believe that the government's proposed legislation was not directed at the medical profession's representative organisation. When the Trade Union Bill was published, however, it was based on more specific and rigorous principles than those first enunciated. The Bill laid down three main provisions for that every trade union would have to satisfy: that members of a trade union should be able to elect their executive committee by secret ballot; that there should be consultation with members in a secret ballot before industrial action is taken; and that members should vote at least once every 10 years on whether their union should maintain a political fund. Only the first of these proposals was likely to affect the BMA to any extent. In this area the government's proposals were more specific in that the new legislation would require elections to the governing bodies of trade unions?that is, their principal executive committees?to be conducted in accordance with the following basic principles :

The Domestic and International Significance of Independent Trade Unionism 'Solidarity'

'Solidarity', led by Lech Walesa, emerged in Poland in late 1980 in protest against government economic mismanagement and party authoritarianism and corruption. Employing peaceful instruments of work stoppages and negotiations, it has won a number of important industrial and political concessions, including the right to free trade unionism, the legality of strikes and the undertaking of far-reaching economic reforms. This development amounts to a revolution 'from below', accomplished against tremendous odds without violence. 'Solidarity' has come to command overwhelming domestic and international support. But the communist regimes consider it to be inconsistent with Marxism-Leninism and the centralized, directive system of planning and management.

Legality of Strikes to Enforce Awards of Tribunal for Arbitration of Jurisdictional Labor Disputes

Legality of Strikes to Enforce Awards of Tribunal for Arbitration of Jurisdictional Labor Disputes

Labor Law. Torts. Legality of Strikes to Enforce Awards of Tribunal for Arbitration of Labor Disputes

Labor Law. Torts. Legality of Strikes to Enforce Awards of Tribunal for Arbitration of Labor Disputes

The Legality of Strikes

The Legality of Strikes