Where does the right to strike stand?
In November, the population of Geneva was subjected to a general strike by the public transport personnel. An opportunity to take stock of the right to strike in Switzerland.
The right to strike is enshrined in Article 28 of the Federal Constitution. It is the ultima ratio of workers against the company. Certain conditions must be respected for a strike to be legal.
This article develops the following topics:
- the right to strike (art. 28 Cst.)
- lawfulness of a strike
- action supported by a trade union
- nature of the employees' demands
- collective employment contract and peaceful employment relations
- proportionality of the strike
- legal prohibition of strike action
- consequences of a strike
- responsibility of the employee in case of an illegal strike
- lawfulness of the termination of a striker’s contract