Freedom of association / Right to organise

Freedom of association

The right to freedom of association is enshrined in the Constitution.

The right to freedom of association is regulated by law.

Anti-Union discrimination

The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.

Right to collective bargaining

Right to collective bargaining

The right to collective bargaining is recognised by law.

Limitations or ban on collective bargaining in certain sectors

Other civil servants and public employees
Public servants do not have the right to collective bargaining.

Right to strike

Right to strike

The right to strike is regulated by a Labour Code.

The right to strike is recognised by law but strictly regulated.

Ban or limitations on certain types of strike actions

Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
Trade unions are not allowed to call a strike concerning general economic policy issues.
Restrictions with respect to the level or scope of a strike (e.g. (enterprise, industry and/or sector, regional and/or territorial, national)
The Employment Relations Act denies trade unions the possibility of organising strikes at the national level.

Undue interference by authorities or employers during the course of a strike

Authorities’ or employers’ power to prevent or end a strike by referring the dispute to arbitration
Even where a strike has been organised legally, the Employment Relations Act empowers the Prime Minister to request the Supreme Court to prohibit it and refer the dispute to arbitration, if the strike entails the likelihood of an industry or service being seriously affected or if employment is threatened.

Barriers to lawful strike actions

Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
The requirements established for the strike ballot, as regards the voting system and the necessary quorum and majority, are too restrictive.

Limitations or ban on strikes in certain sectors

Discretionary determination or excessively long list of "services of public utility" in which a minimum operational service is can be imposed in the event of strikes
The requirement to provide a minimum service in the event of a strike covers too many sectors, including the telephone, hotel and transport sectors.
Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
The Employment Relations Act provides for a complex conciliation and mediation procedure lasting two months in total between the failure of negotiations and the beginning of strike action.
Other undue, unreasonable or unjustified prerequisites
The Public Order Act prohibits demonstrations during the sittings of the Parliamentary Assembly, thus seriously restricting the right to strike.