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The Strike - a means of ensuring collective bargaining

  • Lecturer Ph.D. Lucian-Mihail ARNAUTU


    (Lecturer Ph.D. at Law Faculty from “Petre Andrei” University, Iasi, Romania)

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    The strike is an important part of the process of resolving interest conflicts, Basically, the right to collective bargaining would have no real content, outside the right to strike. European Social Charter considers the right to strike as a means of ensuring collective bargaining. The right to strike is even enshrined in the Constitution, and the ILO Conventions. In our law system, the exercise of the strike is governed by the Labor Code and Law no. 168 of 1999 regarding labor disputes, which states in detail the conditions of organization, release and deployment of the strike, pre-initiation procedures, suspension and its termination. The right to strike can be exercised only under certain conditions, regarding the depletion of the possibility in advance prior to settlement of conflict of interest, a bond meeting of a minimum number of employees and bringing the decision to the employing unit knowledge. Employee participation to strike is free, and the law regulations constraint penalizing a person for the purposes of participating or not to strike and protect the salaries of striking workers. On the other hand, for reasons of public safety, humanity, or equity, the law establishes a series of prohibitions and restrictions of the right to strike for certain categories of staff.

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    Article provided by Editura Lumen, Department of Economics in its journal Conferinta Stiintifica Internationala Logos Universalitate Mentalitate Educatie Noutate - Lumen International Scientific Conference Logos Universality Mentality Education Novelty.

    Volume (Year): 1 (2011)
    Issue (Month): (February)
    Pages: 33

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    Handle: RePEc:lum:rev10b:v:1:y:2010:i::p:33
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