The Right to Strike: International and Regional Legal Instruments with Accent of Legislation in Republic of Macedonia
The right to strike is a universal democratic right of all employees, regardless of where they are employed: Real or public sector. Depending on the degree of realization of this right in a state, it is accordingly evaluated on the scale of democracy. Therefore, we can say that the right to strike is a fundamental measure of democratic values of a society. There is no real democracy without the right to strike. The right to strike is governed by international legal instruments (acts) of the UN, the ILO and the European Union. In the Republic of Macedonia the right to strike is regulated by the Labour Code and other more specific laws which implement the international standards relating to this right.
Key words: right to strike, conventions, laws.
Andon Majhosev, The Strikes as Social Phenomen, NU "Goce Delchev", Shtip, 2006;
Convention no. 87 Right to Organise and association, ILO (1948);
Convention no. 98 on the right to organize and collective bargaining, the ILO (1949);
Constitution of the Republic of Macedonia (1991);
European Convention on Human Rights, Council of Europe (1950);
European Social Charter, Council of Europe (1961);
European Charter of Fundamental Social Rights of Workers, the Council of Europe (1989);
International Covenant on Economic, Social and Cultural Rights, UN (1966);
Law on strike, Fig. List br. 23/91 Yugoslavia;
Labor law, Fig. Gazette 62/05, 106/08, 161/08, 114/09, 130/09, 50/10 and 52/10, 124/10, and all other novels;
Law on Public Enterprises, Fig. Gazette, 38/96, 6/02, 40/03, 49/06 and 83/09;
Law on Civil Servants, Fig. Gazette of RM no. 59/2000, 112/2000, 34/01, 103/01, 43/02, 98/02, 17/03, 40/03, 85/03, 17/04, 69/04, 81/05, 61/06, 36/07, 161/08, 06/09, 114/09, 35/10, 197/10 и 36/11;
Law on Judicial Service, Off. Gazette no. .98/2008 Gazette, 161/2008, 6/2009, 150/10;
Law on Internal Affairs, Off. Gazette of RM no. 92/09 and 35/2010;
Law of Defence, Off. Gazette of RM no. 42/01, 5/03, 58/06, 110/08;
Law on Service in the Army of the Republic of Macedonia, Off. Gazette 36/10 and 23/11;
Law on peaceful settlement of labor disputes, Off. Gazette, 87/07;
Law on record in the area of labor, Off. Gazette of RM no. 16/04, 102/08;
Police Act, Off. Gazette of RM no. 114/06 and 6/09;
Recommendation no. 92 ILO voluntary conciliation and arbitration, ILO;
Strike: experiences and situations, Zdravko Saveski (editor), Movement for Social Justice - Lenka, Skopje, 2011;
Universal Declaration of Human Rights, United Nations (1948);
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