ماهية الإضراب و حق ممارسته بين القيود و الآثار : دراسة قانونية تحليلية مقارنة

الملخص EN

The strike has a long and ancient history that introduced civilizations and is recognized today, and passed through it through different stages between permissibility and prohibition, and many victims and disturbances occurred in the societies initiating it, as the last resort to which the worker sought in order to enjoy his rights, sometimes it was known as a political issue and another considered professional For a specific sect without the other, in order to reach recognition as a constitutional and legal right, provided that it is exercised with conditions and restrictions, to ensure the facility's functioning in providing its services to the public.

There are two forms of strike, and there are types under them.

The legitimate strike is that which is consistent with what the law permits and is consistent with public order and morals, while the other is the opposite and that its perpetrators are subjected to penal, financial and even administrative penalties.

Terms similar to the strike: such as demonstrations, sit-ins, closures, civil disobedience, resisting tyranny, which can be considered an extension of the strike and part of its escalation stages, but by peaceful means, and all this when the administration does not respond to the demands of the strikers and is intransigent with it.

The right to strike was stipulated in the constitutions and laws, as well as regional charters and international agreements in the middle of the last twentieth century, and workers began to exercise it, but it is within the framework of internal laws that regulate the right and conditions and restrictions for its exercise.

However, these restrictions must not reach the point of prohibiting the right to strike completely And these legislations differ from one country to another.

That the strike has effects, so the effects of the legitimate strike lie in the survival of the relationship between the employer and the worker, along with cutting their daily wages without being affected by the non-striking non-strikers.

As for the effects of the unlawful strike, it is represented in the cessation of work and the harm to the employer and the beneficiaries of this work, and the resulting unrest as well as exposure It is subject to penalties and claims resulting from compensation to the employer for his damage as a result of the strike, not to mention that in the case of the strike in its two forms, It should not affect the facility's continuity in providing its services, and the effects of the two images on the general social situation of the country, including political, economic and administrative, lead to a disturbance of those conditions and as a result this is reflected on the individual and society as a whole, which threatens disasters that may threaten him.