- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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Art. 248. [legal definition]
(1) A labour dispute is any disagreement between the social partners regarding the employment relationships. (2) The labour disputes concerning the establishment of the working conditions during the negotiation of the collective labour agreements are disputes regarding the professional, social or economic interests of the employees, called conflict of interests. (3) The labour disputes regarding the exercise of certain rights or the fulfilment of obligations arising from laws or other legal provisions and from collective labour agreements or individual employment contracts are disputes regarding the rights of the employees, called conflicts of rights.
Art. 249. [reference to special law ]
The labour dispute resolution procedure shall be laid down by a special law.
Art. 250. [purpose]
The employees shall have the right to strike with a view to defending their professional, economic and social interests.
Art. 251. [legal definition and right to strike]
(1) A strike is the voluntary and collective cessation of the work by the employees. (2) The employee participation to the strike shall be free. No employee may be forced to participate or not to a strike. (3) The abridgement or prohibition of the right to strike may only arise in the cases and for the categories of employees expressly provided for in the law.
Art. 252. [protection of employees on strike]
The participation to a strike and its organization in compliance with the law shall not be a breach of the obligations of the employees and may not lead to disciplinary sanctions against the employees on strike or the organizers of the strike.
Art. 253. [reference to special law]
The exercise of the right to strike, the organization, start and course of the strike, the procedure prior to the start of the strike, the suspension and cessation, and all other issues related to the strike shall be regulated by a special law. |
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