Summary:
This thesis discusses the issues arising from the exercise of worker’s rights and particularly those aspects concerning work stoppages and strikes. The analysis begins with the conceptualization of relevant rights and proceeds to examine their exercise and compare their theoretical origins. This process shall allow us to determine those cases in which the aforementioned rights can be abused by workers against employers. It is widely accepted that that the current situation in Greece, given the economic predicaments, makes workers’ rights vulnerable and, therefore, their protection becomes more crucial than ever. However, given the nature of such rights, and on the basis of contractual relations, there needs to be a balanced approach between demands from both sides. This suggests that there needs to be a limit to restrictions on freedom of entrepreneurship and management, especially in a context of economic crisis, in which businesses are burdened with rampant competition and over-taxation. Following from the above, the analysis shall proceed with a framework of all opportunities that become available to workers via working stoppages and strikes, as well as the equivalent actions that can be taken by employers. Relevant examples from theory and case law will attempt to reveal the delicate balancing point upon which conflicting interests can be reconciled.
Keywords:
strike, work stoppage, employer, employees
