The right to strike allows workers to organize and take collective action to defend their interests and demand better working conditions. However, like any right, its exercise is not unlimited and is subject to certain restrictions and limitations .
This right to strike is recognized in article 28.2 of the Spanish Constitution , which establishes that " the right of workers to strike in order to defend their interests is recognized ."
Despite its legal recognition, this right is not exempt from limitations. These restrictions whatsapp australia contact number can be established to protect other fundamental rights, such as the right to work, the right to freedom of movement or the right to public safety. Thus, the exercise of the right to strike must be carried out within certain limits and in a peaceful manner, avoiding any type of violence or intimidation.
It should be noted that in practice, this right is not always respected by employers; sometimes the right to strike is denied to workers. In this case, the conflict focuses on the interpretation of whether employees have the right to strike if their activity is paralyzed for reasons beyond the company's control, such as a transport strike that makes it impossible for workers to travel. In these cases, it is important to have the advice and representation of professionals who are experts in the subject, such as those who have been awarded the Business Lawyers Awards , such as Pellicer Abogados .
Despite these limitations and restrictions, the right to strike remains an important tool for defending labour rights and improving working conditions. This right has an instrumental character , as it allows collective bargaining and the search for consensual solutions to labour disputes. Furthermore, thanks to the strike, workers can exercise their right to freedom of association and organise themselves to fight against job insecurity and exploitation.
As we have indicated above, this right is regulated by the Constitution, specifically in its article 28 , but it is also developed in the Organic Law on Trade Union Freedom and the Workers' Statute, which establish the requirements for the exercise of the right to strike, such as the need to call it in advance, respect minimum services and not exercise acts of violence or coercion.
We must mention the specific case of professionals in the Administration of Justice, specifically the Clerks of the Court (who have been on strike for a few months now). In this case, the right of the clerks to strike as a pressure measure for the improvement of their working conditions is defended, but it is recalled that, in any case, the right of citizens to effective judicial protection must be respected and the maintenance of minimum services must be guaranteed.
Legal regime of the right to strike
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