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International and European Protection of the Right to StrikeA Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union$

Tonia Novitz

Print publication date: 2003

Print ISBN-13: 9780198298540

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298540.001.0001

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(p.379) Appendix 6: Community Charter of the Fundamental Social Rights of Workers 1989, Articles 11–14

(p.379) Appendix 6: Community Charter of the Fundamental Social Rights of Workers 1989, Articles 11–14

International and European Protection of the Right to Strike
Oxford University Press

Article 11

Employers and workers of the European Community shall have the right of association in order to constitute professional organisations or trade unions of their choice for the defence of their economic and social interests.

Every employer and every worker shall have the freedom to join or not to join such organisations without any personal or occupational damage being thereby suffered by him.

Article 12

Employers or employers’ organisations, on the one hand, and workers’ organisations, on the other, shall have the right to negotiate and conclude collective agreements under the conditions laid down by national legislation and practice.

The dialogue between the two sides of industry at European level which must be developed, may, if the parties deem it desirable, result in contractual relations, in particular at inter-occupational and sectoral level.

Article 13

The right to resort to collective action in the event of a conflict of interests shall include the right to strike, subject to the obligations arising under national regulations and collective agreements.

In order to facilitate the settlement of collective disputes the establishment and utilisation at the appropriate levels of conciliation and arbitration procedures should be encouraged in accordance with national practice.

Article 14

The internal legal order of the Member States shall determine under which conditions and to what extent the rights provided for in Articles 11 to 13 apply to the armed forces, the police and the civil service.