Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Orsola Razzolini
Publishing Year 2019 Issue 2019/163 Language Italian
Pages 18 P. 541-558 File size 247 KB
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The paper examines arguments in favour and against the introduction of a duty of the worker to declare in advance the intention to parti-cipate in a strike. Such an obligation might represent an efficient tool for governing strikes called by collective organizations with a small represent-ativeness, that cause huge prejudices to citizens despite the participation of a few workers. Comparison shows that such an obligation exists in the French legal system with particular regard to the transport sector and to the school. However, this cannot justify, in itself consid-ered, the automatic "transplantation" of this duty into the Italian legal system. The conclusion is that, while it seems difficult to justify a worker’s duty to declare in advance the intention to participate in a strike in the transport sector, this measure might work successfully in the school sector. However, Trade Unions’ ideological hostility leads to investigate different measures such as schools’ "reinforced" duty to provide families in advance with all the infor-mation concerning the strike.
Keywords: Strike in essential public services; Worker’s duty to declare in advance the inten-tion to take part to the strike; Duty of information
Orsola Razzolini, Adesione preventiva e informazione degli utenti: problemi aperti in materia di sciopero nei servizi pubblici essenziali in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 163/2019, pp 541-558, DOI: 10.3280/GDL2019-163006