Question
The committee of experts has stated that, ' When the right to strike is guaranteed by national legislation, a question that frequently arises is whether
The committee of experts has stated that, 'When the right to strike is guaranteed by national legislation, a question that frequently arises is whether the action undertaken by workers constitutes a strike under the law. Any work stoppage, however brief and limited, may generally be considered a strike. This is more difficult to determine when there is no work stoppage as such but a slowdown in work (go-slow strike) or when work rules are applied to the letter (work -to-rule); these forms of strike are just as paralysing as a total stoppage. Noting that national law and practice vary widely in this respect, the committee is of the opinion that restrictions as to the forms of strike action can only be justified if the action ceases to be peaceful.
The committee considers.....that restrictions on strike pickets and work place occupations should be limited to cases where the action ceases to be peaceful.'[1]
In reference to the Zambian laws and practice on the right to strike, and with the use of relevant cases and authorities, critically asses the opinion of the Committee of experts.
[1]Bernard G, Alberto, O, Horacio, G (2000) ILO Principles concerning the right to strike. Extracted from ILO, 1994a, paras. 173and 174, and para 496, p12. International labour office, Geneva.
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