Back with the internal scabbing (or strike-breaking)

Commentary on Supreme Court Ruling 1199/2024, of 16 October

Abstract

The Supreme Court, in Ruling 1199/2024, of 16 October, has come to recall, once again, the importance that the exercise of the right to strike plays in our legal system as a fundamental right. At the same time, and in the context of the aforementioned right, the Court of Cassation has focused attention on strike-breaking, and within it on the so-called "internal strike-breaking" or "internal replacement of workers". The judicial body affirms that, except in two cases provided for in the law (the assurance of certain essential minimum services for the community and those relating to the care of security and maintenance services in the company), the business organization is not entitled to such replacement.