Czech Republic: Employees’ Right to Strike According to Czech Law

Author: Klára Šléglová

 

The media usually tend to focus on the most dramatic aspects that evoke sympathy in viewers when reporting about employees’ strikes. However, upon further look into relevant legislation, it is clear there are formal legal requirements that trade unions and employees must fulfil so that the right to strike is exercised lawfully and in accordance with the values of a democratic state.

 

Legal Framework

Since the right to strike is enshrined in the Charter of Fundamental Rights and Freedoms of the Czech Republic, it enjoys constitutional status and protection. According to Article 27(4) of the Charter, the right to strike is guaranteed under the conditions provided for by law and it does not appertain to judges, prosecutors, members of the armed forces or security corps.

 

Conditions of a Lawful Strike

Strike is defined as a complete or partial interruption of work by employees, under conditions stipulated by law. According to the Collective Bargaining Act, the intention to strike can be announced in cases of a dispute over the conclusion of a collective agreement between the employer and trade union and only after a failed mediation and refusal of arbitration. Trade unions can declare a strike if at least half of the employer´s employees have showed up to vote and two thirds have voted in favour of the strike. Afterwards, the employer must be informed about the date and time of the strike, its goals, the number of employees involved and the workplaces affected.

 

Moreover, the Supreme Court has previously held that a strike does not always have to be related to a collective dispute and that it can also be utilized to defend other economic and social interests of employees.

 

Obligations while Striking

Employees cannot be forced to participate in the strike nor can they be prevented from working during it, so employers must assign them work as usual, and if it is impossible due to the strike, salary compensation is guaranteed. Employers must also refrain from sanctioning employees for striking, but they do not have to compensate their salaries. Similarly, trade unions must allow safe access to the workplace during the strike and they are prohibited from threatening the non-participating employees with any kind of damage.

 

Further requirements imposed on trade unions help safeguard that the strike adheres to certain standards and does not unnecessarily harm the relationship with the employer. Trade unions must appoint a representative that will communicate with the employer on their behalf. Moreover, they must cooperate with the employer in protecting equipment against misuse, damage or loss and ensuring the necessary operation of the equipment where it is required for safety. Moreover, should the strike be declared illegal by court, trade unions are responsible for compensating the damage caused to the employer.

Key Action Points for Human Resources and In-House Counsel

• The Charter of Fundamental Rights and Freedoms of the Czech Republic contains the constitutional right to strike.
• Trade unions can declare a strike in cases of a collective dispute or to defend other economic and social interests of the employees.
• Employers and trade unions have mutual rights and obligations during a strike.