Valeria Granaglia

The right to strike and contractual clauses: what future for the industrial conflict?

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Abstract

The essay concerns the right to strike and the no-strike clauses recently included by the social partner organizations in the agreement signed on January 10th, 2014. After analyzing some connected issues - like the effects of the no-strike clauses and the ownership of the constitutional right to strike, the article tries to screen the objectivity of these clauses by questioning whether they are able to satisfy international companies' requirements and to improve the efficiency of Italian industrial relations or not. To this end the essay points out some of the uncertainties of the agreement, especially with regard to their actual ability to bind the parties at all levels to respect the no-strike period. As a conclusion the article offers a brief reflection on the possible future trade union law, which can't be helped because of the weakness of the rules agreed by the social partners.

Keywords

  • Strike
  • No-Strike Clauses
  • Collective Agreements

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