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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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Reasons for Legal Protection of a Right to Strike

Reasons for Legal Protection of a Right to Strike

Chapter:
(p.48) (p.49) 3 Reasons for Legal Protection of a Right to Strike
Source:
International and European Protection of the Right to Strike
Author(s):

Tonia Novitz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298540.003.0003

This chapter examines the grounds for legal protection of strikes. They may be socio-economic in nature, may draw upon a particular understanding of rights to political participation, and may be derived from the application of recognised civil liberties. The most common justification offered for legal protection of a right to strike is its role in the conclusion of collective agreements relating to terms and conditions of employment. In that context, it provides workers with the threat of an economic sanction to counter the often superior bargaining power of an employer.

Keywords:   legal protection, strikes, collective agreements, bargaining power

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