Right to Governance and Right to Collective Bargaining: In the Background of the Specified Right to Strike as Fundamental Right and Positive Obligation of the Slovak Republic

Right to Governance and Right to Collective Bargaining: In the Background of the Specified Right to Strike as Fundamental Right and Positive Obligation of the Slovak Republic

Branislav Fridrich (Comenius University in Bratislava, Slovakia) and Lucia Mokrá (Comenius University in Bratislava, Slovakia)
DOI: 10.4018/978-1-4666-6433-3.ch068
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Abstract

The chapter is devoted to constitutional and general legal enactment of the right to strike in the Slovak Republic. The main point comprises the existing international regulation of a right to collective governance and collective bargaining as well as the essential related freedom of association. The chapter provides a close analysis to the real accessibility of a particular right—the right to strike. The introduction provides a legal definition of the right to strike while it comes out from a normative regulation realised by the Constitution of the Slovak Republic and Law No. 2/1991 of the Coll. on Collective Bargaining. After that, the authors, in compliance with the Constitution of the Slovak Republic, exactly define limitations on the right to strike. Within the final sections, the chapter deals with constitutional guarantees of the right to strike within the regime of Art. 51 para. 1 of the Constitution of the Slovak Republic and positive obligation of the State in relation to right to strike under international conventions.
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Right To Collective Bargaining And Right To Strike As International Law Term

Freedom of association is closely interlinked with the right to collective governance (or also to bargaining) and collective actions. This fact was well known in the 20th century and nor the present time proves otherwise. Existence of the right to collective bargaining is impossible without freedom of association. The main aim of this part is to point out at the existing legal regulation of the right to collective bargaining and right to strike as the fundamental right, in the context of application of freedom of association.

Various sources, institutions, and covenants concern the matter and have contributed to development of the right to collective governance. These normative legal systems, which contributed to definition of the right to collective governance, must be seen as the leaving and critical ones. Such are as follows:

  • 1.

    Conventions of the International Labour Organisation.

  • 2.

    The European Social Charter and European Convention on human rights and fundamental freedoms adopted by the Council of Europe.

  • 3.

    The Charter of fundamental rights of the European Union and the Treaty establishing the European Communities, in consolidated wording of the Lisbon Treaty.

  • 4.

    International covenant on Economic, Social, and Cultural rights adopted by the United Nations Organisation in 1966.

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