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2008 | 91 | 2 | 94-108

Article title

A STRIKE ONLY ACCORDING TO THE COLLECTIVE BARGAINING ACT? (Strajk len podla zakona o kolektivnom vyjednavani?)

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According to the Collective Bargaining Act the strike is partial or complete stoppage of work by the employees. It is a group manifestation of the employees, a manifestation of the conflict of group interests which has grown in to the stage of collective dispute. Legal strike is not considered the breach of working discipline. The Collective Bargaining Act codifies only such a strike as is used for the settlement of the dispute arisen in connection with the conclusion of a collective agreement, if the collective agreement has not been concluded even after the proceedings before a mediator and the contracting parties do not request the settlement of the dispute by an arbitrator. The definition of the strike in the Collective Bargaining Act is a narrow definition, intended merely for the purpose of the settlement of a collective labour law dispute arisen from collective bargaining aimed at the conclusion of a collective agreement. In comparison with the Collective Bargaiming Act the right to strike in a broader framework is codified by Art.37 of the Constitution of the Slovak Republic.The Constitution also asssumes that the right to strike will be codified by a law which, however, has not been adopted so far. If the strike arises in connection with the conclusion of a collective agreement, its legal regime is governed by the Collective Bargaining Act. If the strike arises for other reasons, due to the absence of specific legislation its participants would have to act in accordance with general principles enshrined in the Constitution of the Slovak Republic, the fundamental principles of the Labour Code and international labour law. The Collective Bargaining Act regulates the so-called enterprise, supra-enterprise and solidarity strikes. With reference to legality there are legal and illegal strikes. A legal solidarity strike, however, is only such a strike in the course of which the employer may influence the progress or the result of the strike of those employees to the support of which the solidarity strike has been declared. In the opposite case, when the condition of economic or other relation is absent, the solidarity strike is illegal in the meaning of Sec. 20, letter a) of the Collective Bargaining Act. The right to strike in the broadest meaning of the term is the legally permitted possibility of the employees to discontinue work in an organized manner. It comprises the right to participate in the strike and the organization and the declaration of the strike. The right to participate in a strike is an individual employee's right which may be restricted by the law for certain callings. The employee's right to strike participation is not bound with his membership in a trade union organization. The right to organize and declare strikes belongs exclusively to trade union bodies.


  • Helena Barancova, Katedra pracovneho prava a prava socialneho zabezpecenia, Pravnicka fakulta TU, Kollarova 10, Trnava, Slovak Republic, http:www.pravnyobzor.sk


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