When the Strike is Legal

Strike is a temporary cessation of work, partly or completely, by the employees or a group of employees of one or several organizations for the purpose of settlement of the collective labor dispute.

The trade union shall have the right to organise a strike in the cases provided for by this Code and its Statute, where:

  • as a result of conciliation processes, the dispute related to the conclusion of a collective employment agreement has not been settled;
  • the employer avoids from carrying out a conciliation process;
  • the employer fails to execute the decision of the Conciliation Commission adopted in accordance with Article 70(1) that satisfies the employees or fails to perform his or her obligations assumed by the collective employment agreement having concluded beforehand.

A strike shall be called in case where the decision thereon has been approved by secret ballot:

  • by two-thirds of the total number of employees of an organization when calling a strike in an organization;
  • by two–thirds of the employees of a separated (structural) subdivision of an organization when calling a strike in that subdivision. Where calling a strike in a structural subdivision of an organization impedes the smooth functioning of other subdivisions of the organization, the decision on calling of a strike shall be approved by two-thirds of the employees of that subdivision, which may not be less than the half of the total number of employees of the organization.

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