A mi-chemin entre le droit et la pratique, le droit de grève demeure principalement le produit d’une jurisprudence ouverte aux influences extérieures. Loin d’être enfermé dans une morale théorique et immobile, le droit de grève rayonne donc par son dynamisme et sa facilité à répondre aux défis conjoncturels et structurels auxquels doit faire face l’entreprise. Dans ces conditions, comment est juridiquement façonné l’exercice du droit de grève ? Quelles sont les interactions réciproques et permanentes entre la jurisprudence et la pratique, qui confèrent à ce droit toute son effectivité ? Quelles sont les influences, juridiques et a-juridiques, qui viennent guider son exercice au quotidien ? / Half way between the law and common practice , the right to strike is the result of a case law open to external influences. Far from being stuck in a theoritical and fixed ideology, the right to strike lies on dynamic grounds and on its ability to challenge the temporary and structural contexts that a company must cope with. In these conditions, how can the right to strike be legally shaped? What are the mutual permanent interactions between a case law and common practice which confers to this right its total effectiveness ? What are the legal and contextual influences that guides its daily practice ?

Thesis (doctoral)--Universität Würzburg, 2008. / Includes bibliographical references.

Zugl.: Regensburg, Univ., Diss., 2008

Strike action by employees is globally used in matters of mutual interest in order to place pressure on employers to meet their demands although the right to strike is not contained in any of the International Labour Organisation’s (ILO) conventions or recommendations. Two conventions of the ILO are however relevant in the context of strikes and lockouts.1 The first is the Freedom of Association and Protection of the Right to Organise Convention 87 of 1948 and the second convention of importance is the Right to Organise and Collective Bargaining Convention 98 of 1949, both of which was ratified by South Africa and accordingly binds South Africa to comply with their provisions. The ILO appointed legal experts to assist the drafters of the Labour Relations Act,2 (LRA) in order to comply with these conventions. Furthermore section 3 of the LRA provides that the LRA must be interpreted in compliance with the international law obligations of South Africa. Section 27 of the Interim Constitution3 made provision for both the right to strike and the right of employers to lockout. In the proposed text of the final Constitution the recourse of the employer to lockout was not included. The text of the final Constitution was submitted to the Constitutional Court (CC) for certification in that it had to decide whether the new text of the final Constitution complied with the constitutional principles agreed to by the different political parties as the inviolable framework for the final Constitution. The CC delivered its judgment in Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa4 and concluded that the omission of a right to lockout from the final Constitution does not conflict with constitutional principles. The CC did not agree with the argument, raised by Business South Africa, based on the proposition that the right of employers to lockout is the necessary equivalent to the right of workers to strike and that therefore, in order to treat workers and employers equally, both should be recognized in the new text. The result of this judgment is that employees’ right to strike is expressly protected by section 23 of the Constitution whilst the right of employers to lockout their employees is not expressly entrenched. The employers’ right is however protected by implication through the express protection of the right to bargain collectively in terms of section 23(5) of the Constitution and section 64 of the LRA.

In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

A research report submitted to the Faculty of Health Sciences, University of the Witwatersrand, in partial fulfillment of the requirements for the degree of Master of Science in Medicine in the branch of Bioethics and Health Law, Johannesburg, May 2012 / Doctors in the South African public services went on strike in mid-2007, 2009 and 2010. The main issue related to salaries. In my research report I will present arguments concerning the justifiability or not of strike action by South African doctors Thus the laws, codes, and oaths subscribed to by medical practitioners in South Africa will be presented. Doctor's obligations stated in such declarations, and some ethical theories will be presented as they relate to the moral justifiability of doctor's strikes, and to the individual doctor-patient relationship. Arguably, the individual doctor-patient relationship is crucial for a flourishing population and social justice. In the context of this relationship, the potential harms and benefits of strike action for both parties will be discussed. I will suggest that whether justified or not, strikes may not be the right means to achieving the end of excellent healthcare. The aim of the research, ultimately, is optimal health for the South African population with retention of doctors in the public service.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

Orientador: Ricardo Antunes / Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciencias Humanas / Made available in DSpace on 2018-08-05T19:34:19Z (GMT). No. of bitstreams: 1 Romao_FredericoLisboa_D.pdf: 3550867 bytes, checksum: 77b6030d602f42eef4dbd1df4cc74bb5 (MD5) Previous issue date: 2006 / Resumo: O presente estudo tem como objetivo analisar a greve dos petroleiros ocorrida em maio/junho de 1995, destacando sua relação na reafirmação das formas relacionais excludentes do Estado com as classes trabalhadoras no Brasil. A pesquisa levantou dados nacionalmente dentro de critérios qualitativos. A exposição está dividida em quatro capítulos. No primeiro, buscamos elementos da inter-relação entre reestruturação produtiva, do esvaziamento do Estado de bem-estar e do advento do neoliberalismo com os trabalhadores e suas organizações. No segundo, esboçamos o quadro político-econômico e social sob o qual a greve dos petroleiros de 1995 se desenrolou. No terceiro, caracterizamos técnica e socialmente a Petrobrás, os petroleiros e suas organizações. No último, apresentamos a greve nos seus elementos conceituais e sua objetivação na Inglaterra e no Brasil. Os dados demonstraram o imbricamento dessa greve com as mudanças que campeavam pelo mundo a partir da globalização neoliberal. Deixaram explicitados que o tratamento dado à mesma por FHC e pelas instituições do Estado brasileiro expressaram a crise do capital em um país periférico, demonstrando inequivocamente que no novo arranjo societal não caberia a fala dos que não têm parte; não caberia o dissenso. As mudanças operadas via reestruturação produtiva do capital, fizeram retroceder o processo de organização e conquistas iniciado com as lutas operárias nos fins dos anos 70, concorrendo para a precarização das condições e relações de trabalho dos petroleiros, especialmente após a greve de 1995 / Abstract: The objective of the present study is to analyze the petroleum workers¿ strike of May/June, 1995, highlighting its relationship to reaffirm the exclusion forms of the working classes in Brazil by State. The research examines evidence on a national basis using a qualitative approach, and is divided into four chapters. In the first we seek to identify elements of the interrelationships between the re-structuring of production, the decline of the Welfare State and the advent of neo-liberalism, with the workers and their organizations. In the second we sketch the politico-economic and social conditions under which the 1995 petroleum workers¿ strike developed. In the third we characterize, in technical and social terms, Petrobras, the petroleum workers, and their trade unions. In the final chapter we present the concept of the strike and its material manifestations in England and Brazil. The data demonstrate the relationship between the petroleum workers¿ strike and the changes that have been championed throughout the world following neo-liberal globalization. They make explicit that the responses of FHC and of the various institutions of the Brazilian State were an expression of the crisis of capital in a peripheral country, and demonstrate unequivocally the lack of a voice of those existing outside of the new societal structure; dissent could not fit within it. The changes orchestrated via the productive restructuring of capital caused a reversal of the process of worker organization and of the achievements which had begun with the labour conflicts at the end of the 1970s, for the petroleum workers contributing to more precarious working conditions, with weakening of rights and poorer industrial relations, especially following the 1995 strike / Doutorado / Doutor em Ciências Sociais

South Africa emerges from a history where, workers, and in particular African workers, were excluded from enjoying labour rights and particularly the right to strike, without consequences. Participation in industrial action was treated as a delict or even a criminal offence by employers and the state. A history where participation in a strike was treated as breach of contract and therefore the employer could dismiss striking employees at will. The first democratic elections in South Africa introduced a Constitutional democracy. The Constitution introduced the Bill of Rights in terms whereof the right of every employee to form and join trade unions and to participate in its activities and programmes and to strike was entrenched. Section 27 of the Constitution provides that national legislation shall be enacted to give effect to its purpose and to regulate labour matters, hence the Labour Relations Act of 1995. This study will show that the Labour Relations Act of 1995 marked a major change in South Africa’s statutory industrial relations system. Following the transition to the new political dispensation and a democratic system, the LRA encapsulated the new government’s aims to reconstruct and democratise the economy and society. It ushered in a new order where employers and workers had the opportunity to move away from the adversarialism that had characterised their relations in the past. It promoted more orderly collective bargaining and greater co-operation at workplace and industry levels, and provided an expeditious dispute resolution system. This study also takes a closer view of the provisions of international instruments and institutions such the International Labour Organisation and it, further, does a comparative analysis of the provisions of strike law in other jurisdictions like the United States of America, Canada and the United Kingdom. This study shows further that, while South Africa has democratised the workplace and done away with legislation, policies and practices that discriminated against the majority of the workers and deprived them of the rights that were otherwise enjoyed by their white counterparts to form and join unions and to participate in the activities of the unions, including participating in a strike and while it has made provisions for a protected strike under the LRA and while South Africa has tried to level the playing field and brought some equilibrium in the power between workers and employers, the very same right to participate in a strike and to compel employers to accede to their demands is taken away by the provision in the LRA that allows employers to lock them out and replace them with temporary workers.