The right to strike as a collective right of employees

Abstract

Collective labor law, among other things, also includes instruments for solving collective labor disputes, such as: mediation, arbitration and strike as a last resort to fulfill the demands of employees. As one of the instruments for solving collective labor disputes, a strike is a collective interruption of the work of employees, which is organized with the aim of exerting economic or other forms of pressure on the employer, employers' association or the state, due to the violation or threat of the collective labor rights and interests of employees. At the same time, the strike is considered one of the strongest, most applicable and most effective means of labor struggle, which has been used for centuries in order to protect the rights, professional and economic interests of employees. As a rule, a strike, as a means of labor struggle, can only be used if all available possibilities for the peaceful settlement of labor disputes have been exhausted. The right to strike is guaranteed by numerous international acts, such as the International Covenant on Economic, Social and Cultural Rights from 1966, the International Charter on Social Guarantees from 1948 and the European Social Charter from 1961. When we talk about the right to strike within the national legislation, it is guaranteed by the Constitution of the Republic of Serbia, while it is regulated in more detail by law.

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