Supervisors info:
Γεώργιος Λεβέντης, Καθηγητής, Νομικής,ΕΚΠΑ
Summary:
The aim of this paper is to investigate the conditions required for the legitimate declaration of the strike, with emphasis on the decision making process, a study to be carried out by legislation, case law analysis and literature review. Initially, the first part will analyze the conditions to be met in order to declare a trade union strike, and in particular, what is the competent body that will take that decision, in which cases the general assembly has competence and to which board of directors. Next, we will focus on the criteria to be met for the decision to be taken to be lawful, we will analyze the case of having a faulty decision and more specifically when a decision is non-existent, when it is completely invalid, and when is it declared invalid and how can it time to complain, and we will also refer to the employee's obligation to alert the employer and the availability of security staff.
In the second part, we will discuss in detail the way the decision making process, in particular starting from the crucial issue that has come back in recent years, whether to declare the strike lawful, it is necessary to vote for this proposal by the majority of all members of the trade union organization and not the majority of the present, as it is so far, we will investigate the limits of internal autonomy and whether these are only set by the statutes of the organization or government intervention to ensure its democratic functioning. Lastly, we will focus on the trade union freedom, as enshrined in the Constitution, and whether it enjoys absolute protection or the legislator can, and to what extent, intervene and regulate in a compulsory manner the organization, administration and operation of trade unions.
Keywords:
: Conditions, decision of declaration, obligations of employees, decision mode, limits of internal autonomy, trade union freedom.
