http://ec.europa.

eu/eures/ AUSTRIA Labour disputes - strikes The law governing labour disputes (strikes, boycotts and lockouts) is contained in the Labour Constitution Act (Arbeitsverfassungsgesetz), yet both strikes and lockouts have elements which can be classed as criminal offences. Any industrial action which contains a demand as its goal in principle fulfils the conditions for coercion (Section 105 of the Criminal Code (Strafgesetzbuch StGB)), in some cases also those for threatening behaviour (Section 107 of the Criminal Code). Nevertheless, prevailing legal opinion is that criminal law is not applicable to labour disputes. It is still a fact, however, that strikes and lockouts are essentially illegal actions and in most cases represent a breach of a contract of employment. Because of the complex legal position as regards strikes and lockouts, if you take part in a strike or are affected by a lockout, you should seek advice from representatives of the Chamber of Labour or a trade union. For other kinds of labour dispute (e.g. bullying), you should consult a trustworthy person at your place of work (e.g. the works council) or approach the Chamber of Labour or the trade unions, which have special bullying counsellors. In Austria there is no great tradition of strikes and lockouts. Most labour disputes (pay rises etc.) are resolved around the table by bodies representing the interests of the parties (Chamber of Labour, trade union, Chamber of Commerce, etc.). BELGIA Labour disputes - strikes Striking is a complete stoppage of work by workers. However, working slowly or under deliberately defective conditions, without actually stopping work (go-slow strike) does not constitute a real strike and may be regarded as a misdemeanour that can result in disciplinary sanctions. The purpose of a strike is to defend professional demands concerning, for instance, pay (salary increase, restoration of a bonus, etc.), working conditions (heating of the premises, means of transport), work schedule or working hours, the employment situation (redundancies, etc.), corporate strategy (new commercial policy, etc.). BULGARIA Collective work disputes, in matters of employment, social security and living standards, are governed by the Settlement of Collective Work Disputes Act. In collective work disputes, employees are represented by their professional organisation bodies, and employers are represented by the relevant managers, unless the parties have authorised other bodies or persons. Collective work disputes are settled by direct

negotiations between employees and employers, or between their representatives. Such negotiations follow a procedure freely set by the parties. Employees submit their demands in writing, as well as the names of their representatives in the negotiations. Where no agreement has been reached, or a party refuses to negotiate, the matter can be resolved via mediation and/or voluntary arbitration. For this purpose, assistance can be sought from trade unions and employers associations and/or the National Institute for Conciliation and Arbitration. When their demands have not been satisfied, workers can declare a symbolic strike. In this case they would wear appropriate indications, bands, badges, or other similar tokens of protest, and place appropriate protest signs and posters. None of these actions entail the suspension of work. Where no agreement is reached with regard to the collective work dispute, or employers fail to fulfill their obligations, workers can go on strike by suspending the execution of their duties. The decision to declare a strike is taken by a simple majority of workers in the enterprise or subsidiary. The workers or their representative are obliged to notify the employer or its representative in writing, at least 7 days prior to the strike commencement. They must specify the duration of the strike and the body that will lead it. Workers are entitled to declare a warning strike, with no prior notice. Such a strike cannot last for more than an hour. The parties involved in the strike make efforts to attain a final settlement of the dispute, via direct negotiations, mediation, or other appropriate means. CIPRU The settlement of labour disputes is regulated by the Industrial Relations Code. The Code has been agreed and signed by the employers organisations and the trades unions. The types of labour disputes are categorised by the Code. disputes about rights which arise from the interpretation or implementation of existing collective agreements. This category includes personal complaints stemming from the implementation of a collective agreement. Complaints of this sort are submitted for examination by the employer. Representatives of the unions and of employers organisations may take part in the discussion of the complaint. If the problem is not resolved through direct negotiations, it is forwarded to the Ministry of Labour and Social Insurance for mediation. As a final resort there is binding arbitration. conflicts of interest which arise during the negotiation or renewal of collective agreements. The dispute resolution procedure makes provision for the following stages: resolution by direct negotiation; mediation by the Ministry of Labour and Social Insurance (Department of Labour Relations); if the dispute is still unresolved, referral to arbitration or to a public inquiry with the agreement of both parties or the announcement of a deadlock if no agreement is reached.. Strikes are not common because labour disputes are usually resolved with the help of mediation by the Ministry of Labour. For more information contact the Department of Labour Relations (Tel. +357 22 451 500/1).

DANEMARCA A fundamental principle in Denmark is that trade unions have the right to try to reach collective agreements with employers and employers' associations. Trade union organisations can support their request for a collective agreement by initiating various types of industrial action against the employer. This also applies when the employer is foreign as well as when foreign employees work in Denmark. The rules on industrial action are not determined in legislation, but are based on the long-standing practice of the Danish Labour Court. In Denmark there is an extensive right to initiate industrial action and secondary industrial action (to support an ongoing dispute). The most important condition for a dispute to be legal is that the work the trade union is attempting to enter into a collective agreement for belongs to the trade union's professional field. However, there is no condition for the trade union to have employees from the company as members. Strikes, blockades and industrial actions are types of collective industrial action which a trade union can initiate. With a strike, the trade union orders its members to stop working at the company affected by the dispute. With a blockade, the trade union orders its members not to take work at the company affected by the dispute. With secondary industrial action, the trade union, or other trade unions within the same central organisation, will support the main dispute by ordering their members to strike or stop carrying out work for the company. A dispute often involves trade union members appearing on the street in front of the work place. It is forbidden to physically block access to the work place, including blocking access for people and materials. Cases of whether a professional dispute is legal can be brought to the Labour Court where a decision will quickly be made. Employers associations also have the option of initiating professional collective industrial action in the same way as trade union organisations. Employers can establish lockouts and boycotts which correspond to strikes and blockades. For more information about worker representation and disputes, visit www.workindenmark.dk. ELVETIA Cantonal civil courts usually the labour courts have jurisdiction in disputes arising from individual contracts of employment. Collective labour disputes are settled differently in each canton. All cantons have conciliation agencies that deal with such disputes. The Federal Conciliation Office has jurisdiction in disputes extending beyond the territory of a single canton but acts only if explicitly requested to do so by the parties (employers or employers associations and trade unions) and only if attempts to reach agreement by direct negotiation have failed. The lawfulness of strikes and lockouts is enshrined in the Federal Constitution as an expression of freedom of association, although strikes can be prohibited under the Constitution for specific categories of persons. Strikes and lockouts are lawful only if they concern employment contracts, do not conflict with the requirement to maintain peaceful labour relations or to negotiate a settlement and represent a proportionate response.

Participation in a lawful strike and the consequent stoppage of work do not constitute nonobservance of the contractual obligation to work. On the other hand, employers are not required to pay strikers for the duration of a stoppage. ESTONIA Strikes are generally exceptional in Estonia and receive little support. The main organisers of strikes are usually bigger trade union organisations and the main reason for striking is pay increase demands. The legislation treats strikes as public assemblies. The organiser of a strike or lock-out must inform the other party, the public or local conciliator and the local authority of the planned strike or lock-out in writing at least two weeks in advance. It is prohibited to organise a public assembly that is aimed against the independence and sovereignty of the Republic of Estonia or that attempts a forcible change of the existing public order; that advocates violation of the territorial integrity of the Republic of Estonia; that incites national, racial, religious or political hatred, violence or discrimination between social groups; that incites a breach of public order or is detrimental to morals. A strike organiser has to give notice of the public assembly at least seven days in advance to the city or rural municipality authorities in whose administrative territory the assembly is to take place, to the county government if the assembly is to take place in the administrative territory of several rural municipalities or cities of that county, or to the Government of the Republic if the assembly is to take place in the administrative territory of several counties. Participants in a public assembly are obliged to act peacefully and follow the orders of the assembly organiser, steward, the police and the staff of medical and rescue services. Labour disputes are resolved in the labour dispute committees of the Estonian Labour Inspectorate and in court. However, it is prohibited to file concurrently an application with a labour dispute committee and a statement of claim with a court. It is possible to file claims concerning the recognition of rights or protection of violated rights arising from employment with labour dispute committees or courts generally within four months, whereas any claims contesting the justification for termination of an employment contract must be filed within one month. The limitation period for filing a claim for payment of wages is three years. FINLANDA Individual industrial disputes The labour protection authorities monitor the compliance with labour legislation. The authorities must issue directions, advice and statements regarding the application of labour legislation. The monitoring duties of the labour protection authorities are mainly preventive; the courts are responsible for follow-up action. The trade unions should be consulted regarding the possibility of conciliation in labour disputes; the union will be able to help and may also be able to offer a legal adviser. The staff representative may also be contacted. Strikes

The Industrial Disputes Conciliation Act lays down provisions regarding the implementation of collective agreement negotiations and public sector collective agreement negotiations. In the legislation regarding industrial disputes, a distinction is made between "interest disputes" and "legal disputes". A dispute regarding the making or changing of a collective agreement or public sector collective agreement is, according to this system, an interest dispute. In an interest dispute the parties may initiate industrial (strike) action following negotiations and mandatory conciliation. During the contract period (i.e. the period of validity of a contract between the parties), however, there is the duty to maintain industrial peace; in other words the parties must refrain from work stoppages. Industrial disputes generated during the contract period are legal disputes, which can only be resolved in negotiations or in labour courts. Such disputes may relate to the validity or interpretation of the collective agreement or public sector collective agreement. Individual trade unions may go on strike; however, employee central organisations, also, may demand the improvement of rights and agreements by striking. Notification of a strike must be made to the employer and to the national conciliator no later than two weeks before the start of the strike. During the period when no agreement is in force, the employer may put pressure on employees by a lockout, i.e. prevent employees from doing work by closing the workplace. Individual employees who have taken part in lawful industrial action must not be discriminated against, nor must sanctions be imposed on them. If the labour market court regards the industrial action as unlawful, the trade unions may be fined. FRANTA CONFLICT MANAGEMENT If an employee is in disupte with his/her employer, he can contact the staff representatives. He can also contact the labour inspector. If the employee considers that he is within his rights, he can contact the industrial tribunal. STRIKES All employees have the right to strike in France. It is a constitutionally recognised and guaranteeed right for all employees to stop work (go on strike) to show their disagreement or demand improvements to their working conditions. It does have consequences: it suspends the employment contract but does not terminate it. On the other hand, the employer may deduct from the salary the part of the earnings corresponding to the period of the strike. Furthermore, in the civil service, management must be given specific notice of the strike five working days (excluding public holidays and weekends) before the date of the strike to the hierarchical authorities. No notice is required in the private sector. There is no legal

time limit to a strike. Workers do not need to belong to a trade uion to exercise the right to strike. Restrictions: Continuity of public service: The right to strike is not recognised for members of the police, prison staff, branches of the interior ministry, the judicial authorities or the army. Other categories of staff are obliged to ensure the provision of minimum services (transport, health). Respecting property rights: Any acts of violence, assault and damage committed during a strike are offences that can lead to criminal convictions. Respecting the freedom to work of non-strikers and the employer: Strikers must not hinder the work of non-strikers nor prevent them from entering the workplace. See website: www.travail-solidarite.gouv.fr GERMANIA Normally the works council and the employer seek to work together in a spirit of mutual trust. If the interests of the two partners diverge, however, fierce disputes can arise. If wage negotiations collapse and arbitration attempts fail, trade unions in Germany are legally permitted to strike. Before a strike is called, however, a secret ballot must be held in which at least 75% of unionised employees vote in favour of industrial action. Token strikes brief work stoppages designed to reinforce demands during wage negotiations are also permitted after an agreed cooling-off period. All employees against whose company the trade union has called a strike are entitled to come out on strike, regardless of whether or not they are union members. No reprisals may be taken that affect the legal status of employees who take part in a lawful strike. Employment contracts remain in force during a strike, but no remuneration is payable. A strike fund provides union members with support to compensate for this loss of earnings. Non-union members, by contrast, are left empty-handed. During an industrial dispute, employers may lock out their employees. A lockout means that a number of employees are excluded from the workplace without pay and amounts to a shutdown. GRECIA If a workplace dispute cannot be resolved consensually, the parties can approach the Labour Inspectorate of the Ministry of Employment and Social Protection. LABOUR DISPUTES INDIVIDUAL DISPUTES The applicable Greek law is Law 2224/94, which regulates matters pertaining to such disputes. This law also regulates new cases relating to labour rights, collective labour agreements, the protection of motherhood, safety and hygiene at the workplace and the employees' council etc.

Trades unions are powerful in Greece, especially in the public sector. If employees have problems with the employer, they can get in touch with their trade union, which will be able to help and provide a legal adviser. The Greek courts have competence in all cases in which the employee, in accordance with the Brussels Convention, has his residence in Greece or performs work in Greece on the basis of an employment contract. The Greek courts also have competence in employment contract cases outside Greece, if the employer has economic interests in Greece or the contract was concluded in Greek territory. Regulations governing strikes The Greek constitution enshrines the right to work and also the right to strike, provided that the strike is called by a lawfully constituted trade union. Under Law 2224/94, persons who are not in a trade union can also participate in strikes. Under the articles of association of trade unions, a strike is called by the board of management of the union. The trade union is obliged to give the employer or the employers' body notice of at least twenty-four hours before a strike begins. In some public utilities (transport, electricity, health, public security, etc.) safety personnel who safeguard the minimum functioning of public services are subject to certain restrictions. Employers are not allowed to dismiss workers during a strike. Solidarity strikes in support of a striking union are permitted in Greece. In a recent judgment the Supreme Court (Areios Pagos) ruled that participation by employees in an illegal strike implies resignation from the employment. Strikes are rare in the private sector, because employers and employees are keen to find agreement. Strikes called by confederations usually involve a small percentage of workers which varies according to the size of the enterprise or organisation and the personal choice of the employees. If an employer does not pay his employees, the employees are entitled to withhold their labour until they are paid. The employer has the right to impose a lock out if a strike is harming the functioning of the enterprise. IRLANDA The main function of Ireland's Labour Relations Commission (LRC) is to promote the improvement of industrial relations. If you have problems in this area, you may ask the Commission to provide its services to help resolve the dispute. It resolves disputes by providing a range of services to employers, employees and trade unions. They include the Conciliation Service http://www.lrc.ie/viewdoc.asp? m=d&fn=/documents/work/conciliation_service.htm , the Advisory Service http://www.lrc.ie/viewdoc.asp?m=d&fn=/documents/work/advisory_service.htm , the Rights Commissioner Service http://www.lrc.ie/docs/Rights_Commissioner_Service__Infor/234.htm and the Workplace Mediation Service http://www.lrc.ie/viewdoc.asp? m=d&fn=/documents/work/Workplace_Mediation_Service.htm

The Commission also provides assistance to Joint Industrial Councils and Joint Labour Committees http://www.lrc.ie/ViewDoc.asp? fn=/documents/work/assistance_to_jic_and_jlc.htm&CatID=17&m=w Rules Whereas the Unfair Dismissals Acts allow either party to object to a Rights Commissioner hearing, the more recent trend within employment legislation has been to require parties to apply for a Rights Commissioner hearing as a first stage. Thus, for example, in a dispute arising under the Terms of Employment Act or the Payment of Wages Act, the case must be referred initially to the Rights Commissioner service. In an Unfair Dismissals Acts case, the employee or the employer may object to the Rights Commissioner hearing. If this happens, the employee, who wishes to pursue the matter, must refer it to the EAT. Likewise under the Industrial Relations Acts, an employee may seek a Rights Commissioner hearing, but if the employer objects, the employee would have to refer the matter to the Labour Court. How to apply Generally, employers or employees should contact the Labour Relations Commission through their employer organisation or trade union. An employer, who is not a member of an employers' organisation, or an individual employee, whether in a trade union or not, may contact with the Commission directly. Where to apply Labour Relations Commission Tom Johnson House Haddington Road Dublin 4 IRELAND Tel:+353 (0)1 613 6700 Fax:+353 (0)1 617 6701 Homepage: http://www.lrc.ie Email: info@lrc.ie ISLANDA Strikes and work stoppage are not common tools in the bargaining process in Iceland. These actions are more common in the public sector then the private. Trade unions and employers' associations are authorised to declare strikes and lockouts (work stoppage) for the purpose of working for the advancement of their demands in industrial disputes and for the protection of their rights. The term work stoppage refers to lockouts by employers and strikes in which workers discontinue their normal work to some extent or in its entirety in order to achieve a specific common goal. It is not permissible to call a strike in case a dispute between workers and their employer only concerns items on which the Labour Court is empowered to decree. One of the functions of the Labour Court is to pass judgments in cases arising on account of charges concerning violations of a collective agreement or due to disagreement relating to the interpretation of a collective agreement or its validity.

When a collective agreement has been signed the negotiating trade union or unions waive their right to strike inasmuch as the conditions established in the collective agreement are fully respected. Under normal conditions strikes are therefore only used as a bargaining tool by the trade union when negotiating a new collective agreement. Strikes are in those circumstances permitted under the law, but only if the decision to call a strike has been taken by secret ballot with the participation of at least 20% of all those entitled to vote, and the proposal receives the support of the majority of votes cast. A proposal for a strike must state clearly the aim it is intended to achieve and when it is proposed to begin. A negotiating committee or the competent representatives of the contracting parties may at all times cancel a work stoppage. It is also always possible to postpone a work stoppage that has been called, and a work stoppage that is in progress, with the approval of both parties. ITALIA If workers feel that their employer is not respecting their contractual and trade union rights, they may turn to a trade union organisation or a solicitor to bring the situation to a close and if necessary obtain compensation for any damages caused. In both cases, the first step is an attempt at arbitration (a form of agreement mutually satisfying to the parties). If this path is not feasible, a worker may take his or her employer to court (with the assistance of a solicitor, hired personally or by a trade union) and an employment judge rules on the dispute. In Italy it is possible to dismiss a worker only for just cause or a justified reason. if the worker contests the legality of the dismissal, he or she may take the employer to court to obtain compensation for the damages and may even ask the judge to be allowed to return to work if he or she worked in a company with more than 15 employees. The right to strike is exercised in accordance with the laws that govern this action. The right to strike is granted to an individual worker, working within the public or private sector, and it may be exercised without the need for union approval. This right is said to be individual in terms of ownership, but collective in the way it is exercised and a call to strike must be collective. A strike is legal when it is concerned with wages and also when, more generally, it is called for all claims concerning workers interests as a whole. Any form of strike is legal, even if it is takes a form other than the wholesale suspension of working activities, provided it does not affect other constitutionally protected rights. Exercise of the right to strike in essential public services and to safeguard the rights of constitutionally protected persons is governed by law no. 146/90 and subsequent amendment and additions. Strikes are called relatively frequently in Italy, but the only consequence that a worker faces if he or she joins a strike is wage cut equal to the number of hours for which he or she is absent from work. Suspension from work by the employer is permitted provided this does not constitute anti-trade union conduct, i.e. provided it is not designed to limit or prevent the exercise of trade union rights and the right to strike by workers.

LETONIA Employees of enterprises, institutions, organisations or sectors have the right to strike to protect their economic or professional interests. Under the Latvian Strike Law, strikes are prohibited for judges, public prosecutors, police officers, firefighters, border guards, employees of state security institutions, prison officers and persons doing military service with the National Armed Forces of Latvia. Strikes in Latvia have mostly affected the state sectors, education and health care; they have had little impact on manufacturing and the private sector. The right to strike may be used as a last resort if agreement and conciliation have not been reached in collective pre-strike dispute meetings. Initiation and announcement of a strike and participation in it is not deemed a violation of the employment rights or employment agreement; therefore, such activities cannot be a basis for laying-off of employees. Concerning the employees who participate in the strike, the employer is obliged to retain their workplace and position, is prohibited from imposing disciplinary penalties on them, does not pay their wages or make social insurance payments for them unless the industrial dispute parties have agreed otherwise. If the basis for a collective industrial dispute has arisen in an enterprise, institution, organisation or sector, the union, employees or authorised employee representatives of this enterprise, institution, organisation or sector must submit the respective demands of the union or employees to the respective employer in writing. If the employer rejects the demands made by the union or employees, pre-strike talks involving both parties are held. During strike talks, the demands, proposals and suggestions made by the parties to the industrial dispute and the answers provided to these are recorded in writing, and decisions are made and agreements reached. If an employer does not honour an agreement reached during strike talks on resolving the industrial dispute, the union or the employees have the right to resume the strike. Notification of a strike must be given in writing 10 days in advance and the reasons for it, the demands, the number of strikers and the date, time and location must be indicated. The Labour Inspectorate is charged with monitoring the progress of strikes. If an application regarding the acknowledgement of the declaration of a strike to be illegal has been submitted to the court by the date of commencement of the strike specified in the declaration of the strike, the strike may not be commenced until the judgment of the court comes into effect. Employers may use lockouts against striking employees. Under the Labour Dispute Law, the number of employees against whom the lockout has been directed may not exceed the number of employees on strike. Employers must provide information to the State Labour Inspectorate about the date and location of and the reasons for the lockout and on the number of employees involved. The use of lockouts in the public (state and local-authority) sector is prohibited.

You can find additional information about employment rights on the State Labour Inspectorate homepage: www.vdi.gov.lv (in English and Latvian). LITUANIA Individual labour disputes are examined by the Labour Dispute Commission or the courts. Labour Dispute Commissions are made up of an equal number of representatives of the employees and the employer. Representatives of employees are elected by the general meeting (conference) of employees. Representatives of the employer are appointed by the employer.An employee may bring the matter before the Labour Dispute Commission within three months of the date when he/she learnt or should have learnt about the violation of his/her rights. Appeal against the decision of the Labour Dispute Commission.An employee may file an action before the courts within fourteen days if he or she is not satisfied with the decision of the Labour Dispute Commission, if the Labour Dispute Commission fails to resolve the dispute within the required period of time or if the parties could not come to an agreement before the Labour Dispute Commission. The employer may not appeal against the decision of the Labour Dispute Commission. Disputes regarding the contract of employment. If the employee does not agree to an amendment of the obligatory terms and conditions of the contract of employment, his or her removal from duties at the employers initiative or his or her dismissal, he or she may bring the matter before the courts within a month of the receipt of the relevant instruction (document). If it is found that the obligatory terms and conditions of the contract of employment or the removal of the employee from his or her duties were made without legal justification or in violation of legislation, the violated rights of the employee must be reinstated and the employee must be paid the average wages for the period of forced idleness or the difference in the wages for the time worked by the employee in a less remunerative position. LUXEMBURG Strikes and lock-outs are not regulated by the law or by the Constitution. The Constitution merely states in Article 11, paragraph 5: the law () guarantees freedom of association. Therefore, before any strike or lock-out is organised, trade disputes are always taken before the National Conciliation Office (ONC) by the most diligent party. Furthermore, the parties must refrain from any actions that might compromise the performance of an agreement until such time as the ONC rules that no conciliation is possible. Strikes and lock-outs are therefore only permitted once the ONC has stated a nonconciliation situation. MALTA Settlement of disputes The Employment and Industrial Relations Act, 2002, is the main law regulating work relations in Malta. The Act deals with individual conditions of employment and collective industrial relations. The Act also specifies mechanisms for the voluntary and compulsory resolution of industrial conflict.

The legislation regarding labour disputes is administered through an Employment Relations Board which has a consultative function to government on a wide range of issues concerning labour legislation and the establishment of the national minimum conditions of employment. The Employment and Industrial Relations Act presents the voluntary settlement of disputes through mediation and conciliation and for a settlement to be determined by the Industrial Tribunal. A conciliation panel made up of not less than five persons are involved in the process. In more than two thirds of all the cases, an agreement was found. When agreement is not reached through the conciliation panel, the case is referred to the Industrial Tribunal. The tribunal is a judicial organisation, established under employment act, and has authority over employment and industrial relations conflicts. The Tribunals rulings are binding and are not subject to appeal for a stipulated minimum period of twelve months. Strikes The employment legislation specifically recognises the permissibility of strikes and lockouts as an expression of free association, although strikes can be forbidden by law for specific sectors. Strikes and lockouts are permissible when they concern labour relations and when there are no impeding obligations such as to maintain peaceful labour relations. Employers are not obliged to pay wages for the duration of strikes. Employment and Industrial Relations Act, Chapter 452 Industrial Relations Act, Chapter 266 URL: http://www.justice.gov.mt/legalservices.asp Industrial Tribunal Department of Industrial and Employment Relations Department 121, Melita Street, Valletta, VLT1121 Telephone: 21 220 497/21, 21236276 Fax: 21 243 177 NORVEGIA The main negotiations between the two sides of Norwegian industry take place every two years, resulting in a two-year agreement being signed. The agreement is reviewed in the interim year. The organisation of strikes and/or lockouts is legal in connection with negotiations over collective agreements when there is a breakdown in negotiations.

Generally, there are few strikes and lockouts in Norway. But since these take place on a national level, a large number of employees get involved. If an employee is called out on strike, the individual in question will not receive a wage, but he will receive strike pay from the relevant trade union organisation. POLONIA The legal basis of the Polish system for resolving collective disputes is the Act on Resolving Collective Disputes dated 23 May 1991. The subjects of a collective dispute include: work conditions, pay, social benefits, as well as trade union rights and freedoms. A collective dispute may not concern individual employee claims which should be pursued in a court. If a dispute involves the content of a collective agreement or of any other agreement in which a trade union is an interested party, a dispute in which an amendment to an agreement or understanding is requested may not be initiated and conducted before the original agreement or understanding are terminated. Collective disputes are carried out by trade unions with an employer or employees. Disputes are resolved in the following stages: negotiation, mediation, arbitration, and a strike. The first two are obligatory, while arbitration is optional. Any person appointed by the two parties to a dispute or a person from the list of mediators, which is maintained by the minister responsible for labour issues, can act as a mediator in a collective dispute. In 2010 there were 342 disputes registered in Poland by the National Labour Inspectorate. The Ministry of Labour and Social Policy registered 75 disputes, from which 73 were assigned mediators listed with the Minister of Labour. The ultimate recourse is a strike. The decision to begin a strike should take into account the ratio of demands to likely losses. The proclamation of a strike should be preceded by a referendum among the staff of a given workplace. An employee is not entitled to remuneration for the period of a strike. Polish legislation does not provide for a lockout. PORTUGALIA Collective labour disputes, particularly those arising out of the signature or amendment of a collective agreement, can be resolved by conciliation or with the help of the mediation services of the Ministry for Labour and Social Solidarity, which may be sought at any time by agreement between the parties, or by one of the parties. If mediation has been requested, the mediator may consult each party separately to the extent he considers appropriate and practicable for reaching an agreement. The parties must attend meetings convened by the mediator. The right to strike is enshrined in the Constitution, and workers are responsible for defining the scope of the interests to be defended by going on strike. The decision to strike is taken by the trade union associations. Before going on strike, the trade union (or workers commission) must send a pr-aviso de greve [written notice of strike] to the employer or employers association and to the Ministry for Labour and Social Solidarity, or publish the notice of strike in the mass media at least five days in advance. Should the strike take place

in an enterprise or establishment intended to meet essential social needs, the notice must be issued at least ten days in advance and a minimum service must be ensured. Employers cannot take on new workers and/or arrange contracts with enterprises specifically to replace or carry out tasks performed by the striking workers, unless essential social needs or the services necessary for ensuring the safety and maintenance of equipment and installations are not guaranteed. The law forbids any coercion, prejudice or discrimination against workers on the grounds of whether or not they join a strike. However, workers who are on strike lose their entitlement to remuneration and are therefore released from the duties of subordination and attendance. Social security entitlements are not affected, and the time spent on strike cannot be discounted when calculating length of service. REGATUL UNIT Labour disputes - strikes Industrial action is protected by law as long as: the dispute relates to a trade dispute between workers and their employer; a secret postal ballot has been held and the majority of members voting have supported the action; and detailed notice about the action has been given to the employer at least seven days before it commences. The United Kingdom has a long history of industrial disputes, beginning with the Tolpuddle Martyrs a group of six farmers who rebelled against landowners in 1830 through to modern day strikes in both the public and private sectors. Large-scale industrial action is now a rare occurrence, compared to 1970s and 1980s. Following the end of the 1984-85 coal miners strike, which brought defeat to the National Union of Mineworkers, the Conservative Government of the day went on to consolidate its free market programme. This resulted in a significant weakening of the UK trades union movement and, today, public opinion is far more divided over the benefits of industrial action. However there have been strikes affecting the aviation industry in recent years and also action against job cuts by public sector workers. REPUBLICA CEHA Labour disputes Disputes between employers and employees about claims arising from employment contracts are reviewed and ruled on by the courts. An employee who feels that his/her employer fails to observe the Labour Code in any way can file a complaint with the district labour inspectorate which has jurisdiction over the place where the employer operates. Labour inspectorates may also impose fines for unlawful conduct. National Labour Inspection Office Horn nmst 103/2 746 01 Opava tel.: +420 553 696 154

+420 553 696 348 Strikes Strikes are mainly organised by trade unions with the aim of bargaining with employers. Most strikes take the form of a warning, when employees are trying to obtain concessions from their employer. The results of strikes depend on the circumstances and also on the approach of the employer. ROMANIA Conflictele dintre salariai i unitile la care sunt ncadrai, cu privire la interesele cu caracter profesional, social sau economic ori la drepturile rezultate din desfurarea raporturilor de munc, sunt conflicte de munc. Conflictele de munc ce au ca obiect stabilirea condiiilor de munc cu ocazia negocierii contractelor colective de munc sunt conflicte referitoare la interesele cu caracter profesional, social sau economic ale salariailor, denumite n continuare conflicte de interese. Conflictele de munc ce au ca obiect exercitarea unor drepturi sau ndeplinirea unor obligaii decurgnd din legi sau din alte acte normative, precum i din contractele colective sau individuale de munc sunt conflicte referitoare la drepturile salariailor, denumite n continuare conflicte de drepturi. Greva poate fi declarat numai dac, n prealabil, au fost epuizate posibilitile de soluionare a conflictului de interese prin procedurile prevzute de lege i dac momentul declanrii a fost adus la cunotin conducerii unitii de ctre organizatori cu 48 de ore nainte. nainte de declanarea grevei medierea i arbitrajul conflictului de interese sunt obligatorii numai dac prile, de comun acord, au decis parcurgerea acestor etape. Salariaii au dreptul la grev pentru aprarea intereselor profesionale, economice i sociale. Greva reprezint ncetarea voluntar i colectiv a lucrului de ctre salariai. Participarea salariailor la grev este liber. Niciun salariat nu poate fi constrns s participe sau s nu participe la o grev. Limitarea sau interzicerea dreptului la grev poate interveni numai n cazurile i pentru categoriile de salariai prevzute expres de lege. Participarea la grev, precum i organizarea acesteia cu respectarea legii nu reprezint o nclcare a obligaiilor salariailor i nu pot avea drept consecin sancionarea disciplinar a salariailor greviti sau a organizatorilor grevei. SLOVACIA The right to strike is one of the fundamental civil rights and liberties. This right is guaranteed not only by the basic legislative norms of the Slovak Republic, but also by international agreements to which the Slovak Republic is a signatory. The Constitution of the Slovak Republic (Act No 460/1992, as amended), as the fundamental legislative norm, guarantees the right to strike in Article 37(4), with the proviso that judges, prosecutors, members of the armed forces, militias, fire brigades and rescue teams do not have this right. Article 51 of the Constitution of the Slovak Republic restricts the right to strike by specifying that the rights referred to in Articles 35, 36, 37(4),

44 and 46 of this Constitution may only be claimed within the limits of the laws regulated by these provisions. The right to strike is regulated by law only in the event of a dispute concerning the signing of a collective agreement. There are no other cases of the right to strike being regulated or prohibited by any other law. Act No 2/1991 on collective bargaining, as amended, sets out conditions for strikes in the case of disputes concerning collective bargaining only. They are an extreme measure to be taken only where an employer and a trade union organisation fail to reach agreement in a dispute before an arbitrator. A strike is understood to be a partial or unconditioned refusal by employees to work for an employer. A striking employee is considered as an employee who agrees with the industrial action being taken for its duration; an employee who joins a strike after it started is considered as a striking employee from the day of his/her joining the strike. Exceptionally, even after the signing of a collective agreement, a strike concerning amendment of the collective agreement is permitted, provided that the parties to this agreement make provisions for such. A strike to resolve a dispute over the signing of a collective agreement may be announced and initiated by the relevant trade union organisation provided that an absolute majority of all employees affected by the collective agreement present at the vote for the strike vote in favour of industrial action. Employees cannot be prevented from taking part or forced to take part in a strike. The right to strike is also guaranteed in Article 27 of the Charter of Fundamental Rights and Freedoms (Constitutional Act No 23/1991). SLOVENIA A strike is the organised cessation of work by employees for the purpose of asserting economic and social rights and interests arising from work. An employee freely decides whether or not to take part in a strike. Through a strike an employee is exercising rights deriving from an employment relationship. A strike may be organised in an undertaking, in an organisation, in respect of an employer, in a sector, in an industry, or as a general strike. A financial allowance during a strike may be claimed only where provided for in a collective agreement or general act. A decision to begin a strike by workers can be adopted by a majority of workers or by the trade union. A decision to begin a general strike by workers is adopted by the supreme body of the trade unions in the republic. A decision to begin a strike lays down the workers demands, the time at which the strike will begin and the location at which the strike participants will assemble. The body representing the workers interests and directing the strike on their behalf, namely the strike committee, is formed. The strike committee must announce the strike no later than five days before the date on which it is set to begin. A strike must be organised and directed in such a way as not to endanger human safety or health and property, or to jeopardise the possible resumption of work once the strike has ended. The strike committee and striking workers may not prevent non-striking workers from working. A strike ends by agreement between those who adopted the decision to strike and the bodies to whom the decision was sent or by a decision of the trade union or workers who adopted the decision to begin a strike.

The organisation of a strike or participation therein do not constitute failure to fulfil a work obligation, cannot form the basis for initiating proceedings to have an employee declared guilty of a breach of discipline and liable for damages, and cannot result in the termination of an employees employment relationship. SPANIA The Spanish Constitution recognises workers right to strike. Striking means ceasing to provide ones labour in a collective way agreed by common accord among the workers to press for improved working conditions or to express a protest. It is the most radical from of pressure brought to bear by the workforce Strikes are agreed by a simple majority of the companys workers in an assembly or with representatives and must be communicated in writing to the companies concerned and to the labour authorities five days in advance (ten days for essential public services), stating the reasons, starting date and the makeup of the strike committee. Effects: Exercising the right to strike does not end the employment relationship. Workers cannot be subject to sanctions for going on strike and nor can they be replaced by other workers. During the strike, the contract is considered to be suspended; workers are not entitled to wages and they will be in a special agreement situation with the Social Security. Workers will not be entitled to any benefits for a temporary invalidity beginning during the strike and are not entitled to unemployment benefit. The freedom of workers who do not wish to join the strike to work will be respected. Likewise, some workers may be obliged to continue their work if they have to provide the company with safety or maintenance services (Minimum Services). Collective disputes A collective dispute is a manifestation of discrepancies between employers and workers affecting the latter party. A dispute may be instigated by the legal representatives of workers and trade unions and employers or their representatives (business associations). SUEDIA An employee who is involved in a labour dispute is entitled to assistance from his or her trade union. The trade union can also enter into the dispute as a party and claim damages. In legal proceedings trade unions can often assist members who are involved in labour disputes or are the subject of disciplinary measures by the employer. Most collective agreements contain clauses laying down procedures in the event of a dispute. Most disputes are settled through negotiation and only very few disputes go to court. Some collective agreements contain provisions on the settlement of disputes through arbitration.

An employee cannot be punished or dismissed for having joined a trade union or for having participated in a lawful strike. UNGARIA Employees and representative organisations may initiate disputes under labour law, to assert claims deriving from their contract of employment in the case of employees and to assert claims deriving from the Labour Code, a collective contract or works agreement in the case of representative organisations. A special court, the Labour Court, proceeds in labour law disputes. The labour law dispute may be preceded by a reconciliation procedure targeted in the conclusion of an agreement if the parties agreed on this or if it is included in the collective agreement. Employees have the right to strike in order to assure their economic and social interests pursuant to the Constitution and the Act thereon. Participation in strikes is voluntary, and no one may force participation therein or abstention thereof. In exercising the right to strike, employers and employees are subject to a cooperation obligation under the law. Strikes may not be held at judiciary bodies, in the armed forces, at armed and law enforcement agencies, and at civilian national security providers. The right to strike may be exercised at public administration bodies under specific regulations, as set out in an agreement between the Government and the relevant trade unions. Similarly, no strike may be held if such action would directly and seriously endanger life, health, physical wellbeing or the environment, or would hinder the removal of elemental damage. One very important guarantee regulation is that strikes may be carried out under employers that conduct activities having a fundamental effect on the population such as in the area of public road transport, and telecommunications, and at bodies providing electricity, water, gas and other energy services only in a way that does not obstruct adequate service provision. In this case a strike is legal only if the parties agree on the level of services still sufficient or, in the absence of such agreement, a jury must decide the issue. A strike may not be started in the absence of such agreement or judicial decision. The level and conditions of such provision must form part of the conciliatory discussions prior to the strike. Initiating a strike, or participating in a lawful strike, is not deemed to be a violation of employment obligations, as a result of which discriminatory measures may be taken against the employee. On that basis, however, workers participating in lawful strikes are not entitled to remuneration, although employment-related entitlements are due. Between 1989 and 2006, a total of 513 strikes took place in Hungary: warning strikes, solidarity strikes, demonstrations, collecting signatures, petitions and others (e.g. refusal to work overtime). The transport sector has been the typical sector for strikes in the past years. TARILE DE JOS If problems arise at work there are basically two possibilities: you and several colleagues are affected by a management decision; the matter involves you as an individual employee.

In the first instance the matter can be brought before the works council (see 3.10), if there is one; if not, the trade unions can be called in. In the second case you will have to go to your trade union, provided you are a member of one, for assistance and/or advice. You can also hire a solicitor and take the matter to court. In the Netherlands, trade unions are free to call a strike to lend force to their demands. However, this drastic action is only used by unions in exceptional cases.