What are the general conditions for organising strikes?
The Constitution protects the right of everyone to strike. Trade unions, employees, and representatives of employees can all declare a strike.
important A strike is a final means to an end in a collective interest dispute and must be preceded by negotiations to reach an agreement. The right to strike can be exercised only if these negotiations fail.
The Labour Code lays down the procedure which must be followed for a decision to strike to be made. The decision to go on strike is notified to the employer 48 hours in advance. It is expected that a strike must be terminated if an agreement to this end has been reached between the disputing parties. The law stipulates that, as a rule, a strike must be held at the workers' permanent place of work. If the workers' demands are not met within 15 calendar days, the strike can be held outside the enterprise, in which case it is conducted in accordance with the rules governing assemblies.
According to the Labour Code, a court may suspend a strike for up to 30 days, if the strike may endanger human life and health or if it considers that the strike has been declared or is being conducted in violation of the law.
What human rights violation may there be?
If you are in any way prevented from striking when you have a legal right to do so, including by dismissing you from a job due to striking, this may constitute a violation of your freedom of expression or freedom of assembly. This may also constitute a contravention.
Read more about the freedom of expression and freedom of assembly in this Guide.