In a study that assesses the legal provisions related to (protection of) dismissal because of trade union actions the conclusion is drawn that the current legal acts are to a certain unconstitutional and not in line with the relevant ILO-provisions. The published (second) volume of the detailed study focused on the right to strike and the protection of workers involved in strikes. The authors found large deficits in the protection of workers against union-busting and unfair dismissals. The legal act (Obligationenrecht - OR) violates fundamental rights that are enshrined in ILO-conventions and the European Convention on Human Rights.
The study can be found (in French) on the ILO-website: https://www.seco.admin.ch/seco/fr/home/Arbeit/Internationale_Arbeitsfragen …
German: http://www.sgb.ch/themen/arbeit/arbeitsrechte/artikel/details/schutz …
French: http://www.uss.ch/themes/travail/droit-du-travail/article/details/droits-syndicaux …
For more information, please contact the editor Jan Cremers, Amsterdam Institute for Advanced Labour Studies (AIAS) cbn-aias@uva.nl or the communications officer at the ETUI, Willy De Backer wdebacker@etui.org. For previous issues of the Collective bargaining newsletter please visit http://www.etui.org/E-Newsletters/Collective-bargaining-newsletter. Since June 2013 readers can consult our archive and search through all articles in our database at www.cbnarchive.eu. You may find further information on the ETUI at www.etui.org, and on the AIAS at www.uva-aias.net.
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