Right to take collective action

The tripartite EU agency providing knowledge to assist in the development of better social, employment and work-related policies

Kenyataan yang dijelaskan melalui : European Observatory of Working life (dalam talian)

The right to take collective action is a fundamental workers’ right. This right involves the recognition of the right to take collective action in cases where there is a conflict of interests, including strike action. Like the right to information and consultation, the right to collective action arises from the promotion and practice of social dialogue.

Dalam penulisan ini turut mengetengahkan isu berkenaan pekerja atau majikan yang tidak mempunyai organisasi dalam menjalankan hak untuk menjalankan tindakan kolektif. 

those entitled to take collective action include workers or their organisations, and employers or their organisations. The word ‘or’ appears to indicate an alternative, not an exclusion. According to some national constitutions and case law, the right to strike is an individual subjective right, which can be performed only collectively by an association, group or organisation. It is not clear what impact this formulation will have on national contexts where, for instance, only trade unions are entitled to exercise the right to collective industrial action. The consequence would be that workers and employers who are not members of these organisations, or who are members of organisations not recognised by the jurisdiction as trade unions, have no legal right to take collective action.

Sumber : tekan sini