Requisitos Legales Para Una Huelga
The strike must be notified in writing and notified at least five calendar days before the strike begins. If the strike agreement is accepted directly by the workers by vote, the notice period begins to run from the moment the workers` representatives inform the employer of the conclusion of the strike. The strike notice must include the objectives of the strike, the measures taken to resolve the dispute, the date of its commencement and the composition of the strike committee. To start a strike within the framework of your company that is necessary? Legal and illegal strikes. The legality of a strike may depend on the purpose or purpose of the strike, whether it takes place at an opportune time or on the behaviour of the strikers. The objectives of a strike and whether they are legal or lawful are issues that are not always easy to determine. These matters often have to be decided or decided by the National Labour Relations Board. The consequences can be severe for strikers and employers affected by strikes and, as we have seen, include return-to-work problems and wage arrears. Definition of economic strikers. If the purpose of a strike is to obtain financial concessions from the employer, such as higher wages, shorter working hours or better working conditions, strikers are referred or considered economic strikers. They retain their status as employees and cannot be dismissed, but can be replaced by their employer. If the employer has recruited genuine permanent replacements (in good faith) to fill the economic jobs of the strikers, if the strikers unconditionally request a return to work, the strikers are not entitled to reinstatement at that time.
However, if the strikers do not have a regular and substantially equivalent job, they are entitled to be recalled to jobs for which they are qualified, if vacancies in those jobs become vacant, if the workers or the striker`s collective bargaining representative have made an unconditional request for reinstatement. Within twenty-four hours of the date of the strike call, the court or the authorities referred to in article 920, section II of this Law, shall inform the competent conciliation body that it must intervene during the period preceding the strike in order to reach an agreement between the parties; The latter have the right to convene them in the period leading up to the strike in order to negotiate and hold conciliation talks. For this purpose, they may assign conciliators to the tribunal. The ILO supervisory bodies consider that the provision of a minimum service for such activities could be an appropriate alternative, as long as it does not jeopardize the right to strike of the vast majority of workers. They also considered that such a service should fulfil at least the following conditions: the notice periods generally applicable to all types of entities should be short, while the notice periods for essential services or services of social or public interest could be reasonably longer. The Committee on Freedom of Association has considered that the following periods of notice for these services are compatible with the principle of freedom of association: At the request of a party, the courts shall issue a certificate attesting to the existence or absence of notice of a strike against a workplace within forty-eight hours of its request. If trade unions meet these conditions, they may organize a legal strike in accordance with the law. Once the above points have been completed, it will be necessary to carry out the strike procedure prescribed by law in order to carry it out correctly. Illegal strikes due to strikers` misconduct. Strikers who commit serious offences during a strike may be refused reinstatement in their former workplace. This applies to both economic strikers and strikers for unfair labour practices. Serious misconduct includes violence and threats of violence.
The U.S. Supreme Court has ruled that an occupation strike in which workers simply remain at the factory and refuse to work, thereby depriving the owner of property, is not protected by law. Here are some examples of serious misconduct that could cause the workers concerned to lose their right to reinstatement: On the other hand, the regulation also sets out the reasons why strikes can be considered illegal: II. The court transmits the application with its annexes and hears the parties at a hearing in order to qualify the strike, which is also intended for the offering and receipt of evidence, which takes place within a maximum period of five days and is communicated three days before its celebration; II. The general rules relating to conditions of employment and citation do not apply. Notifications shall take effect on the day and at the time of their transmission; A strike aims to defend the rights and interests of workers in a collective exercise.
