2 ms·

In germany, the right to strike is in the constitution (GG, Art 9, (3) https://www.gesetze-im-internet.de/gg/art_9.html https://www.gesetze-im-internet.de/gg/ar

In germany, the right to strike is in the constitution (GG, Art 9, (3) https://www.gesetze-im-internet.de/gg/art_9.html https://www.gesetze-im-internet.de/gg/art_9.html) and still, while a collective bargaining agreement is in place, strikes that aim at changing any aspect of that agreement are illegal - and the union/workers may be liable for damages. (Striking for aspects that are not part of the agreement in place would be legal). Collective bargaining agreements here are usually time limited or have termination clauses. I would be surprised if this was fundamentally different in France.

nraynaud 4y ago
"the right to strike is practiced within the legal framework that regulates it" would be a good translation of the article of the French Constitution. I didn't say anything goes.
- Xylakant 4y ago
  You said „you can‘t waive it in a contract“, but that‘s also not the case here. The right is waived by entering a collective bargaining agreement, which could be treated differently. There are rights in the German labor law that can‘t be waived by a mere contract, but can be waived in a collective bargaining agreement. And while I‘m not versed in Canadian law, the article indicates that the point of contention here is that this has been ruled as a strike that is illegal because a collective bargaining agreement is in place and for the duration of that agreement, strikes are not permitted. As to why this is considered a strike, the article is a bit hazy. The contract seems to say that overtime is mandatory unless there’s sufficient volunteers. The union seems to have asked the employees to not work overtime - and that could be considered a strike. They‘re not performing their work duties as contractually required, which is sort of the definition of a strike. Setting aside the question of whether such a requirement to perform overtime work is legal or not, I can imagine some similar ruling in germany. Overtime can be contractually required here (within boundaries), and collectively calling for rejecting overtime could be considered a collective action. Details obviously matter, so blanket statements here are impossible.

nraynaud 4y ago

"the right to strike is practiced within the legal framework that regulates it" would be a good translation of the article of the French Constitution. I didn't say anything goes.

Xylakant 4y ago
You said „you can‘t waive it in a contract“, but that‘s also not the case here. The right is waived by entering a collective bargaining agreement, which could be treated differently. There are rights in the German labor law that can‘t be waived by a mere contract, but can be waived in a collective bargaining agreement. And while I‘m not versed in Canadian law, the article indicates that the point of contention here is that this has been ruled as a strike that is illegal because a collective bargaining agreement is in place and for the duration of that agreement, strikes are not permitted. As to why this is considered a strike, the article is a bit hazy. The contract seems to say that overtime is mandatory unless there’s sufficient volunteers. The union seems to have asked the employees to not work overtime - and that could be considered a strike. They‘re not performing their work duties as contractually required, which is sort of the definition of a strike. Setting aside the question of whether such a requirement to perform overtime work is legal or not, I can imagine some similar ruling in germany. Overtime can be contractually required here (within boundaries), and collectively calling for rejecting overtime could be considered a collective action. Details obviously matter, so blanket statements here are impossible.