An Introduction on the Legal System of the Right to Strike in Private Sector (France, Britain and Iran)

Abstract

There is a history behind the strike as a collective protesting act againstunpleased conditions of working. This phenomenon is derived from theinequality of the contract of work’s parties and lack of appropriate mechanismsfor solving the disputes; both Employers and governments would prohibit andquell this social phenomenon. It is just less than a century that this “right” hasbeen legally recognized. However, some systems has not recognized strike yet asa right; they have considered it as an act having some legal immunities whichmight led to responsibility in some situations. Nevertheless, legal systems havenot had the same approach toward strike and legal regime of its recognition,conditions, procedure of implying and its restrictions. Regarding the differencesin political, economic, social and legal systems in different states, this sort ofvarieties might be regarded totally normal. Accordingly, France and Britain asrepresentatives of maximum and minimum approaches have had differentstances toward this phenomenon. Understanding of these differences would haveeffective results for the systems such as Iran that are in period of recognizingand regulating this right

Keywords

• strike
• employee
• employer
• protesting
• trade union