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.