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Summary of content No 4
summary of content
The right to strike
The fourth issue of the regional newsletter “Voice of the Worker” is dedicated to the right to strike, as one of the crucial workers’ rights. In addition to thematic texts, the bulletin also published news about the most important activities of the trade union headquarters of the countries of the region – members of the regional trade union network Nezavisnost. Thematic texts and news were written by members of the professional or information services of trade union headquarters and trade union members engaged for the purposes of the newsletter. All the texts were edited and editorially prepared by the members of the editorial board of “The Voice of the Worker”.
General observations in thematic texts:
– The right to strike in the countries of the region is guaranteed by the Constitution and more closely defined by a series of laws, the most important of which is the Law on Strike
– You can strike at several levels, and the regulations define several different types of strikes
– Representative trade unions have the right to strike, as well as workers who are not organised in a trade union, and decisions on going on strike are made by the competent trade union bodies or the majority of employees
– In all countries of the region, the right to strike is limited in activities of special interest to society, in which before the strike it is necessary to define the minimum work process or determine the jobs that must not be interrupted during the strike
– Trade unions in the countries of the region generally have strike funds from which salaries are paid to employees during the strike
– Although it is legally allowed, in most countries of the region, not a single general strike has been recorded in recent years
Peculiarities of the right to strike and its limitations in the countries of the region:
In Montenegro, a strike can be organised at the level of the employer, branch, group, or subgroup of activities and as a general strike, throughout the country. In terms of types, there can be a warning strike, a rotating strike in which only a part of the employees stop working, a selective strike in certain organisational units and a solidarity strike, in order to support employees or unions that are already on strike. As for restrictions, employees of the Army and the police force can strike in a way that will not endanger the national security of people and property, as well as the functioning of the authorities. Special restrictions are also prescribed for schools in case the strike would jeopardize the implementation of the educational program. The Law on Strikes lists all the activities the cessation of which could threaten the life and health of people or the general interest of citizens, so they can be involved in strike only if the minimum work process is determined beforehand. This is determined by agreement of the competent authority of the state administration, employers’ associations, and trade unions.
In Serbia, a strike can be organised by a trade union at the employer, branch, and industry levels, as well as a general strike at the state level. Also, a warning strike which can last up to one hour can be organised. In Serbia, too, the Law on Strike foresees some restrictions for certain activities of public interest. For public services and public companies, the minimum work process is determined by the founder, and in other activities – by the director. When determining the minimum work process, the objections and proposals of the trade union must be taken into account.
In Slovenia, the Law defines a general strike at the national level, as well as strikes in the branch and at the employer. In activities of special interest, a strike can be organised if the minimum work process is ensured, necessary for the safety of people and property, the work of other organisations and the fulfillment of international obligations. The very observance of the minimum work process in activities of special social importance is, in practice, the responsibility of the trade union or the workers. On the other hand, Slovenian soldiers are forbidden to strike, but because of this they have a salary supplement, in the amount of 4% of the average gross salary in Slovenia.
In Croatia, according to the law, a strike can only be organised by unions that have been determined to be representative for collective bargaining and that have already negotiated a collective agreement. Until 2014, trade union headquarters had also had the right to organise a strike, but then it was deleted from the law. In Croatia, it is also possible to organise a solidarity strike. The right to strike is limited in the army, police force, state administration and emergency services, so it is regulated by special laws in those sectors. In any strike, the trade union and the employer agree, upon the employer’s proposal, to adopt rules on types of work that must not be interrupted during the strike.
In the Republic of Srpska (RS), a strike can be organised in a company, institution, area, district, branch or as a general strike, in the entire RS. A warning strike can also be organised, up to one hour at most. In activities of special public interest, the strike is organised with a minimum work process. These are: electricity industry, water supply, railway, postal and air traffic, public broadcasting service, communal activities, fire protection, health, social and veterinary protection, and social care for children, as well as tasks related to the security of the Republic of Srpska and the execution of international contracts. The Confederation of Trade Unions of the RS succeeded in ensuring that workers in kindergartens and schools can strike without restrictions. The act on the minimum work process is adopted by the employer, with the previously obtained opinion of the trade union.
The strike law of the Federation of Bosnia and Herzegovina (FB&H) is a huge obstacle for organising a legal strike, since many issues have not been resolved by it, and many strikes have been declared illegal. That law recognises only a warning strike (lasts a maximum of two hours) and a strike, so there is no institute of general or silent strike, solidarity strike and hunger strike. The biggest obstacle to organising a legal strike is that it cannot begin without an Uninterruptible Employment Agreement. These jobs are determined by the union and the employer, upon the employer’s proposal, and it often happens that employers avoid or postpone it, thus putting additional pressure on the workers.
In North Macedonia, in order for workers to organise a strike, they must be unionised. Few laws define the right to strike in certain sectors, so it is much more difficult to organise a strike for police, military, firemen or health workers because the regulations impose more restrictions on them. Thus, for example, during a strike in education, teachers are at their workplaces, but do not perform their usual duties. In other sectors with specific working conditions, it is determined which employees are necessary for minimal functioning, while the rest go on strike.
Frequency of strikes and their results in countries of the region:
In the past fifteen years, dozens of strikes have been recorded in Montenegrin companies, especially in sectors that have gone through the process of failed privatisations. Some of the most significant were: the strike of employees at the Podgorica Aluminum Plant in 2006, the strike at Crnogorski Telekom in 2010, the general strike of health workers in 2011, and the strike of employees at the Nikšić Ironworks in 2012. Almost every year, dozens of one-hour warning strikes have been organised, and in 2023, for the first time, such a strike was also held in the national public service, Radio-Television of Montenegro. At the end of 2022 and the beginning of 2023, a new strike was organised at Crnogorski Telekom, which ended successfully, with the signing of the Annex to the Collective Agreement, which improved the rights of employees and increased wages. There has been no general strike in Montenegro so far.
In Serbia, too, in the past decade, trade unions have organised dozens of strikes at employers and at the branch level. These strikes generally lasted one day, and an example of a well-organised and successful strike was the one at the Chinese company Ziđin from Bor, which ended with the signing of a collective agreement.
The Association of Free Trade Unions of Slovenia has organised strikes at the national level in recent years, and some branch unions have organised them, too. Trade unions in Slovenia are generally successful in strikes.
On the other hand, in Croatia, the sensitisation of workers for a strike as a legitimate method of interest struggle is yet to come, because in recent years in that country the courts have mostly declared strikes illegal, which is a big risk for unions and striking workers. Since the general strike in Croatia is not specifically regulated, the unions had to be creative, so in 2014 the union headquarters organised a two-hour general strike, in the form of a solidarity strike with two companies that were on strike due to non-payment of wages for several months. The real reason for the strike was the conflict with the government and employers over the adoption of the Labour Law, and it was successful because it forced the government to return the already written bill to a new round of negotiations.
In the Republika Srpska (RS), strikes are most often initiated due to unpaid wages and salaries in the private sector (in 2022 there were a total of 14), but strikes and protests were also held in education, justice, and health. If they also had strike funds, for which there is a possibility according to the statutes of the unions, the workers in the RS would be even more determined because they would not fear for their salary during the strike.
In recent years, the largest number of strikes in the Federation of Bosnia and Herzegovina (FB&H) have been organised in the public sector and companies that are majority state-owned because in those sectors the workers are better unionised and their unions have more money. On the other hand, in the private sector, company owners often prohibit the formation of unions or organise their own yellow unions that they manage. In addition, there is a great fear of workers losing their jobs and a large number of fixed-term employment contracts, which makes it easier for those employers to hand over dismissals to workers if they initiate a strike.
The Confederation of Free Trade Unions of Macedonia does not have precise data on the number of strikes in that country, but the Union of Education, Science and Culture (SONK) has organised the most strikes in the history of North Macedonia. In the past, there were also strikes in private companies, but nowadays they are still rare because the employees in them do not even dare to join the union, let alone strike. Many private employers do not even allow unions to be formed in their companies because they are afraid of the very possibility of workers organising a strike.
News on trade union activities in the region:
The Confederation of Trade Unions of Montenegro (CTUM) reported on the salary increase for thousands of employees in the public sector through the new Branch Collective Agreements (BCA), which were achieved thanks to the struggle of the UFTUM and branch unions.
The Union of Free Trade Unions of Montenegro informed about its May Day protest march in Igalo, in support of the employees of the “Dr. Simo Milošević” Institute, who had not received salaries for four months.
The Confederation of Autonomous Trade Unions of Serbia announced the news about its protest walk marking the International Labour Day – May 1. The Confederation of Trade Unions “Nezavisnost” publicly presented a proposal for a new labour law which, as they reported, should stop the collapse of labour rights in Serbia.
The Association of Free Trade Unions of Slovenia announced that in that country, after incredible 30 years, a new regulation on occupational diseases had finally entered into force, as well as that the first food delivery union in Slovenia had been founded.
The Union of Autonomous Trade Unions of Croatia informed about the event that marked the International Labour Day, at which they also handed out traditional trade union awards.
The Confederation of Trade Unions of the Republika Srpska announced the news about its proposal for a new salary system in the Republika Srpska (RS), which they offered with the aim of increasing salaries for all categories of workers, transferring part of the salary from envelopes to legal flows, increasing revenues in the budget and social funds, and reducing unfair competition.
The Confederation of Independent Trade Unions of Bosnia and Herzegovina informed, from a meeting which they had organised with the Helsinki Committee for Human Rights of B&H on the problem of discrimination at the workplace, that union activists in Bosnia and Herzegovina (B&H) were exposed to various types of pressure at workplaces.
The Confederation of Free Trade Unions of Macedonia reported on its trade union education programs for members.
The Federation of Trade Unions of Macedonia informed about its mass protest on the occasion of the International Labour Day – May 1, from which it was announced that “The workers are the state”.
Author of the summary: Radomir Kračković – journalist and editor-in-chief of TV Vijesti (Editorial board of The voice of the Workers – VoW)