ازدواجية المراكز القانونية للموظف العام و أثرها على حقه في الإضراب : دراسة مقارنة

الملخص EN

This study has examined the duplication of the legal position of the public employee and it's impact on his right to striket.

In order to identify such an impact, the legal positions of the pub; ic employee were observed through looking into his job relation and the emerging legal position, then looking into his relation with the trade union and the legal position emerging from this relation.

At last, the researcher demonstrated how these two legal positions combined in the public employee would affect his trade union freedom, especially his right to strike.

The study concluded several results, the most important of which is that the position of the Jordanian law on strike was inconsistent with the reality of strike as a practice, where the law established the trade union freedom but prohibited strike at the same time.

It can be said that there is a trade union freedom concept for the public official that differs from the traditional concept of trade union freedom.

The Jordanian law has also given priority to the functioning of public services steadily and regularly over individual and group freedom, thus it prohibited the publicemployee from striking.