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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$
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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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Sanctions for Industrial Action

Sanctions for Industrial Action

Chapter:
(p.316) (p.317) 14 Sanctions for Industrial Action
Source:
International and European Protection of the Right to Strike
Author(s):

Tonia Novitz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298540.003.0014

This chapter examines the extent to which international and European supervisory bodies may legitimately intervene in circumstances which industrial action is taken. The basic tenet to which all supervisory bodies subscribe is that those who organize and participate in industrial action should not be unduly penalized for their role in a legitimate strike. In such circumstances, States have an obligation to ensure that employers do not dismiss strikers. State powers, such as enactment of legislation criminalizing industrial action, policing of pickets, and imprisonment of strikers, are subject to additional constraints.

Keywords:   industrial action, strike, legislation

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