Κατεύθυνση Εργατικό Δίκαιο
Library of the School of Law

2025-01-09

2025

Alimisis Apostolos

Δημήτριος Λαδάς, Αναπληρωτής Καθηγητής, Νομική Σχολή, Εθνικόν και Καποδιστριακόν Πανεπιστήμιον Αθηνών

Ζητήματα έννομης προστασίας από παράνομο εργασιακό αγώνα (Απεργία)

Greek

Issues of legal protection from illegal industrial action (Strike)

This paper at a first level deals with the concept of the labour struggle through the various methodological approaches of the theory. Then, the unlawful industrial action of the employer's side, the means of legal protection of employees and the criminal consequences that the employer may suffer are developed. In the next and longer part of the paper, the legal protection of the employer from the illegal industrial action of the employees is discussed and the issue of the liability of the trade union organisation for damages for illegal strike is addressed, as well as the more specific ground of liability for damages due to the violation of the EU fundamental economic freedoms with reference to the much discussed Viking and Laval judgments. The controversial issue of the employer's claim for an unlawful strike to be stopped and abandoned is discussed in detail, as are procedural issues in the law of strikes, with a discussion of the arguments on both sides. In the same broader theme, the legality of informal means of industrial action is analysed. In addition, the consequences of participation in an illegal strike for each striker individually and the jurisprudentially shaped 'presumption of excusable error' of the striker are analysed. Reference is also made to the question of the distribution of the wage risk of non-strikers in the event of technical impossibility of providing their work or of its economic exploitation. Finally, concluding remarks are made on the right to industrial action and the need for legislative initiatives at national and EU level.

Law and Legislation

Civil Procedure

Flashmob, slow down, go sick, Viking, Laval, grève perlée, grève du zèle, grève tournante, chômage technique

No

0

No

234

179

https://pergamos.lib.uoa.gr/uoa/dl/object/3448457/file.pdf

https://pergamos.lib.uoa.gr/uoa/dl/object/3448457