A labor strike is a "Work (economy)" work strike, a collective action undertaken by a group of workers that consists of a temporary cessation of the provision of work, that is, refusing to fully or partially carry out the work entrusted to them. It is normally used as a means of exerting pressure in negotiations with the employer, to obtain an improvement in economic conditions, or in general, working conditions, although it can also involve a protest with repercussions in other spheres or areas.[1].
Historical evolution
The strike gained importance with the industrial organization of work, in which large groups of workers subjected to similar conditions and physically grouped in a workshop or mine were able for the first time to organize their actions as a homogeneous group.
Regulation of the right to strike
Contenido
Durante los primeros años de la Revolución industrial, el derecho de huelga estuvo severamente penado, incluso como delito. Posteriormente, habrá cierta tolerancia: los Estados admiten la huelga, pero la castigan desde el punto de vista civil, como incumplimiento de las obligaciones laborales.
No fue hasta la difusión de la socialdemocracia a comienzos del siglo cuando el derecho de huelga fue reconocido internacionalmente como un derecho esencial de los trabajadores constitutivo de la libertad sindical. Se trata de uno de los derechos de segunda generación, que se reconoce en la actualidad en la mayoría de los ordenamientos internos y en tratados internacionales de alcance universal como el Pacto Internacional de Derechos Económicos, Sociales y Culturales.
Regulation in Spain
Its antecedents are found in Decree 1376/1970, of May 22, on the regulation of collective labor disputes, in which there was a certain legalization of the strike although without recognizing this right. According to it, if the labor representatives had made claims that were not answered by the employer or hindered the negotiation, it did not allow the termination of the employment contract in the event of a strike, only its suspension. Eliminating it, therefore, as a cause for dismissal. [2] Subsequently, by Decree-Law 5/1975, of May 22, on the regulation of collective labor disputes, the "recourse to strike" was formally recognized under certain conditions. Finally, the right to strike was recognized by the current Royal Decree-Law 17/1977, of March 4, on labor relations, allowing it to exceed the scope of the company and affect companies in charge of public services.[3].
Temporary stoppage
Introduction
A labor strike is a "Work (economy)" work strike, a collective action undertaken by a group of workers that consists of a temporary cessation of the provision of work, that is, refusing to fully or partially carry out the work entrusted to them. It is normally used as a means of exerting pressure in negotiations with the employer, to obtain an improvement in economic conditions, or in general, working conditions, although it can also involve a protest with repercussions in other spheres or areas.[1].
Historical evolution
The strike gained importance with the industrial organization of work, in which large groups of workers subjected to similar conditions and physically grouped in a workshop or mine were able for the first time to organize their actions as a homogeneous group.
Regulation of the right to strike
Contenido
Durante los primeros años de la Revolución industrial, el derecho de huelga estuvo severamente penado, incluso como delito. Posteriormente, habrá cierta tolerancia: los Estados admiten la huelga, pero la castigan desde el punto de vista civil, como incumplimiento de las obligaciones laborales.
No fue hasta la difusión de la socialdemocracia a comienzos del siglo cuando el derecho de huelga fue reconocido internacionalmente como un derecho esencial de los trabajadores constitutivo de la libertad sindical. Se trata de uno de los derechos de segunda generación, que se reconoce en la actualidad en la mayoría de los ordenamientos internos y en tratados internacionales de alcance universal como el Pacto Internacional de Derechos Económicos, Sociales y Culturales.
Regulation in Spain
According to the ruling of the Constitutional Court of Spain no. a protest with repercussions in other spheres or areas*".[4].
In Spain, the right to strike is a fundamental right recognized in article 28.2 of the Constitution[5] and regulated by Royal Decree-Law 17/1977, which qualifies it as a measure of collective labor conflict adopted by agreement of the workers with the purpose of defending and promoting their interests. It responds to the idea of the social and democratic State of Law (article 1.1 of the Constitution) and the principle of substantial equality (article 9.2 of the same Magna Carta). It is a right of individual ownership and collective exercise, something that varies depending on the legal system: thus, for example, in France it is configured as a right of individual ownership and exercise; while in the United States its ownership and exercise are collective. Foreigners also enjoy this right even if they do not have the required work authorization.[6].
• - Call and communication or advance notice of the strike.
• - Constitution of a strike committee.
• - Respect for the freedom of work of non-strikers.
• - Prohibition of replacing strikers with scabs.
• - Adaptation of security services.
The effects of the strike vary depending on whether its exercise complies with the legally established requirements or not:
• - The legal strike is cause for suspension of the employment contract, that is, the interruption of reciprocal work benefits (by the worker) and salary (by the employer) occurs while the inactivity lasts, without the exercise of the right to strike being able to lead to the termination of the employment relationship or give rise to any sanction.[7] The worker remains in a special registration situation in Social Security, with suspension of the contribution obligation by the employer and the worker himself.
• - An illegal strike, or one carried out in contravention of the legal regime established for its exercise, is a cause of breach of contract by the striking worker, which if considered serious and guilty, may give rise to a cause for disciplinary dismissal.
Typology
Classification criteria:
According to the subjects who exercise the right to strike: the strike can be exercised by:
*Employed workers
Salaried workers
The officials.
According to the causes that motivate the strike: a distinction is made between:
Labor strike: is one that takes place due to causes derived from the employment relationship itself.
Non-work strike: is one that is carried out for political reasons or for any other purpose unrelated to the professional interest of the affected workers.
Solidarity or sympathy strike: workers defend an interest outside their contractual relationship, however acting in support of other workers in conflict, with whom they show solidarity.
Depending on the behavior carried out in the strike: it is worth distinguishing:
Shifting or rotating strike: it is the one carried out successively in the different productive units of a company or work center, or sectors of economic activity in a specific geographical area, successively alternating in the cessation, in work with the purpose of affecting the coordination of production.
Strategic strike, blockage or thrombosis: is one that only directly affects the basic productive activity of the company, or the strategic sectors of the economic system, but that communicates its chain effects to other areas, achieving the paralysis of the entire productive process.
Strike of zeal or regulation, consists of a meticulous and regulatory execution of the work, with the consequent delay in it.
Intermittent strike: these are those in which a time of normal work and cessation of work alternate. It has a fairly varied typology: alternation of work hours and strikes throughout the day, work days and strikes throughout the week or longer periods.
Sit-down strike: or strike at the factory, in which the workers do not leave the company facilities, they establish a replacement shift to occupy it permanently.
Staggered strike: when productive activities are progressively paralyzed, one after the other.
General strike: one that occurs simultaneously in all offices in one or more locations.
According to the legality of the strike: it can be:
Legal: convened in accordance with the deadlines established by current laws.
Illegal: triggered without prior notice or within a shorter period than established by law.
• - Portal:Law. Content related to Law.
• - Strike.
• - Right to work.
• - Work "Work (Law)").
• - Labor conflict.
• - Working conditions.
• - Working conditions in Spain.
• - Economic, social and cultural rights.
• - International Covenant on Economic, Social and Cultural Rights.
• - Wikimedia Commons hosts a multimedia category on strikes.
[2] ↑ Artículo 11. Decreto 1376/1970, de 22 de mayo.
[3] ↑ Fernando., Suárez González, ([20--]). «IV. El Régimen de Franco». La huelga : un debate secular : discurso de recepción del académico ... Fernando Suárez González y contestación por el académico ... Miguel Herrero y Rodríguez de Miñón. Real Academia de Ciencias Morales y Políticas. p. 158. ISBN 8472963128. OCLC 230233366. Consultado el 30 de marzo de 2019.: https://www.worldcat.org/oclc/230233366
Its antecedents are found in Decree 1376/1970, of May 22, on the regulation of collective labor disputes, in which there was a certain legalization of the strike although without recognizing this right. According to it, if the labor representatives had made claims that were not answered by the employer or hindered the negotiation, it did not allow the termination of the employment contract in the event of a strike, only its suspension. Eliminating it, therefore, as a cause for dismissal. [2] Subsequently, by Decree-Law 5/1975, of May 22, on the regulation of collective labor disputes, the "recourse to strike" was formally recognized under certain conditions. Finally, the right to strike was recognized by the current Royal Decree-Law 17/1977, of March 4, on labor relations, allowing it to exceed the scope of the company and affect companies in charge of public services.[3].
According to the ruling of the Constitutional Court of Spain no. a protest with repercussions in other spheres or areas*".[4].
In Spain, the right to strike is a fundamental right recognized in article 28.2 of the Constitution[5] and regulated by Royal Decree-Law 17/1977, which qualifies it as a measure of collective labor conflict adopted by agreement of the workers with the purpose of defending and promoting their interests. It responds to the idea of the social and democratic State of Law (article 1.1 of the Constitution) and the principle of substantial equality (article 9.2 of the same Magna Carta). It is a right of individual ownership and collective exercise, something that varies depending on the legal system: thus, for example, in France it is configured as a right of individual ownership and exercise; while in the United States its ownership and exercise are collective. Foreigners also enjoy this right even if they do not have the required work authorization.[6].
• - Call and communication or advance notice of the strike.
• - Constitution of a strike committee.
• - Respect for the freedom of work of non-strikers.
• - Prohibition of replacing strikers with scabs.
• - Adaptation of security services.
The effects of the strike vary depending on whether its exercise complies with the legally established requirements or not:
• - The legal strike is cause for suspension of the employment contract, that is, the interruption of reciprocal work benefits (by the worker) and salary (by the employer) occurs while the inactivity lasts, without the exercise of the right to strike being able to lead to the termination of the employment relationship or give rise to any sanction.[7] The worker remains in a special registration situation in Social Security, with suspension of the contribution obligation by the employer and the worker himself.
• - An illegal strike, or one carried out in contravention of the legal regime established for its exercise, is a cause of breach of contract by the striking worker, which if considered serious and guilty, may give rise to a cause for disciplinary dismissal.
Typology
Classification criteria:
According to the subjects who exercise the right to strike: the strike can be exercised by:
*Employed workers
Salaried workers
The officials.
According to the causes that motivate the strike: a distinction is made between:
Labor strike: is one that takes place due to causes derived from the employment relationship itself.
Non-work strike: is one that is carried out for political reasons or for any other purpose unrelated to the professional interest of the affected workers.
Solidarity or sympathy strike: workers defend an interest outside their contractual relationship, however acting in support of other workers in conflict, with whom they show solidarity.
Depending on the behavior carried out in the strike: it is worth distinguishing:
Shifting or rotating strike: it is the one carried out successively in the different productive units of a company or work center, or sectors of economic activity in a specific geographical area, successively alternating in the cessation, in work with the purpose of affecting the coordination of production.
Strategic strike, blockage or thrombosis: is one that only directly affects the basic productive activity of the company, or the strategic sectors of the economic system, but that communicates its chain effects to other areas, achieving the paralysis of the entire productive process.
Strike of zeal or regulation, consists of a meticulous and regulatory execution of the work, with the consequent delay in it.
Intermittent strike: these are those in which a time of normal work and cessation of work alternate. It has a fairly varied typology: alternation of work hours and strikes throughout the day, work days and strikes throughout the week or longer periods.
Sit-down strike: or strike at the factory, in which the workers do not leave the company facilities, they establish a replacement shift to occupy it permanently.
Staggered strike: when productive activities are progressively paralyzed, one after the other.
General strike: one that occurs simultaneously in all offices in one or more locations.
According to the legality of the strike: it can be:
Legal: convened in accordance with the deadlines established by current laws.
Illegal: triggered without prior notice or within a shorter period than established by law.
• - Portal:Law. Content related to Law.
• - Strike.
• - Right to work.
• - Work "Work (Law)").
• - Labor conflict.
• - Working conditions.
• - Working conditions in Spain.
• - Economic, social and cultural rights.
• - International Covenant on Economic, Social and Cultural Rights.
• - Wikimedia Commons hosts a multimedia category on strikes.
[2] ↑ Artículo 11. Decreto 1376/1970, de 22 de mayo.
[3] ↑ Fernando., Suárez González, ([20--]). «IV. El Régimen de Franco». La huelga : un debate secular : discurso de recepción del académico ... Fernando Suárez González y contestación por el académico ... Miguel Herrero y Rodríguez de Miñón. Real Academia de Ciencias Morales y Políticas. p. 158. ISBN 8472963128. OCLC 230233366. Consultado el 30 de marzo de 2019.: https://www.worldcat.org/oclc/230233366