Right to strike and replacement workers strikers
[Commentary on the STC 33/2011 of March 28, amparo No. 6171-2004]
DOI:
https://doi.org/10.51302/rtss.2011.5121Keywords:
strike, principle of equality, right to work, employment, replacement of striking workersAbstract
In the classic work of G. Orwell (Animal Farm), the only command that is written is one that says «all animals are equal, but some animals are more equal than others». It is the radical breach from the principle of equality. Workers are recognized, with good justification, the right to strike.
Also, there is no justification can lead to the breakdown of the top/right of equality between strikers and non-striking workers, regarding to the right to work/no work and job's stability. This is the problem posed by the replacement of striking workers, it must also take care of course differ as they are non-striking workers who, in defense of their right to work and job stability, determine, with the consent or unopposed by the employer, carry out, in whole or in part and in both duration of the strike, the tasks they performed the strikers. In this line of analysis and thought is focused this work.
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