公平的缺失:2015年工会法案对工业行动和抗议的限制

An Absence of Fairness... Restrictions on Industrial Action and Protest in the Trade Union Bill 2015

Industrial Law Journal · 2015
被引 7
ABS 3

中文导读

本文批评2015年英国工会法案对罢工和抗议施加严格限制,认为其不公平、侵犯基本自由,并可能违反国际劳工标准和欧洲人权公约。

Abstract

Abstract In July 2015, a Trade Union Bill was introduced by the incoming Conservative Government which seeks to place significant restrictions on UK trade union activity, probably in anticipation of deep budgetary cuts affecting the public sector which are likely to generate protest. The assertion has been made that this legislative proposal is fair and balanced. We contest that claim with reference to the likely effect of the measures on industrial action, pickets and protests. The consultative process was incomplete and the substantive provisions unfairly target union-organised strikes and protests. The proposals are open to challenge on grounds of insufficient justification, impracticability of compliance and violation of fundamental civil liberties. They entail probable breach of UK obligations in respect of International Labour Organisation (ILO) standards and rights arising under the European Convention on Human Rights (ECHR) and European Social Charter (ESC). By further restricting the scope of lawful industrial action and pickets, the proposed legislation risks provoking other kinds of protest.

劳动法工会工业关系人权英国政治