An Introduction on the Legal System of the Right to Strike in Private Sector (France, Britain and Iran)

• Main Authors: mohammad ghasem tangestani, asadollah yavari
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2015-01-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
• Subjects: Strike; employee; employer; Protesting; Trade Union
• Online Access: http://qjpl.atu.ac.ir/article_610_729602e498766d3ae4daba7285de1f9a.pdf

There is a history behind the strike as a collective protesting act against unpleased conditions of working. This phenomenon is derived from the inequality of the contract of work’s parties and lack of appropriate mechanisms for solving the disputes; both Employers and governments would prohibit and quell this social phenomenon. It is just less than a century that this “right” has been legally recognized. However, some systems has not recognized strike yet as a right; they have considered it as an act having some legal immunities which might led to responsibility in some situations. Nevertheless, legal systems have not had the same approach toward strike and legal regime of its recognition, conditions, procedure of implying and its restrictions. Regarding the differences in political, economic, social and legal systems in different states, this sort of varieties might be regarded totally normal. Accordingly, France and Britain as representatives of maximum and minimum approaches have had different stances toward this phenomenon. Understanding of these differences would have effective results for the systems such as Iran that are in period of recognizing and regulating this right