The role of the trade union organization in the implementation of the right of workers to strike




trade union, strike, right to strike, announcement and carrying out of the strike, strike fund


Analysed the key role of the trade union in the procedure for exercising the right to strike by employees. A mechanism has been proposed for determining the representative body that will lead the strike if several trade unions work at the enterprise at the same time.

It was recommended to the participants of the strike to develop the Provision on the strike fund in order to cover the losses caused to the employer by the illegal strike; compensation for wages lost during a strike to strikers. The trade union should manage the fund; reporting to the strikers about the money of this fund. Within the framework of the proposed Provision it is expedient to provide functional powers of the treasurer of the strike fund, which will act as an accountant on a voluntary basis.

Has been proposed to give the trade union or other body (person), leading the strike the right, to suspend the strike. Suspending the strike is useful because after its restoration, employees will not have to go through all the procedural moments of the announcement from the very beginning of the strike.

We believe that a prevention strike can be a preventive measure, that will encourage an employer to take action for prevent the negative consequences of prolonged strikes.

It is unacceptable to unjustifiably squeeze union members if the latter leads the strike, regardless of the lawfulness or illegality of the latter. The normal microclimate within the enterprise where the strike took place must be preserved; it is advisable to seek to optimally balance the interests of the employer and the employees. And for this, the parties to the social-labour relations have to hear each other during negotiations.

Author Biography

Наталія Миколаївна Швець, Yaroslav Mudryi National Law University

PhD in Law, Associate Professor


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How to Cite

Швець, Н. М. (2019). The role of the trade union organization in the implementation of the right of workers to strike. Problems of Legality, (145), 129–139.



Employment Law