((EMPLOYEES STRIKE: BETWEEN A CONSTITUTIONAL RIGHT AND AN ACT PUNISHABLE BY LAW)) A COMPARATIVE ANALYTICAL LEGAL CONSTITUTIONAL STUDY, WITH A FOCUS ON THE IRAQI CONSTITUTION AND LAW

Khudhur Kakashin, Sheet Mustafa

	((EMPLOYEES STRIKE: BETWEEN A CONSTITUTIONAL RIGHT AND AN ACT PUNISHABLE BY LAW)) A COMPARATIVE ANALYTICAL LEGAL CONSTITUTIONAL STUDY, WITH A FOCUS ON THE IRAQI CONSTITUTION AND LAW"
Journal of college of Law for Legal and Political Sciences
Article 12, Volume 11, issue 40 part 1, 2022, Pages 323-383 PDF (1.15 M)
Author
Sheet Mustafa Khudhur Kakashin
Abstract
movements and the workers ’struggle for fairness, when his rights are taken away and there are difficulties in his work conditions, so he demanded to recover them and improve working conditions. That is, the strike to force the management to respond to his legitimate demands, and that step was met with force and criminalization, and after a long and bitter struggle with employers and the ruling systems, the strike was approved as a right. The constitutions of many countries have stipulated that strikes are a right and laws have been issued that regulate the work of workers and recognize it as a right for him to exercise it by peaceful means. Global, regional and international, it is not easy for state governments to overlook it, and in other countries everyone has practiced this constitutionalright. However, the issue of recognition of the right to strike in other countries was limited to the category of workers in the private sector, without translating that order into the inclusion of another group, which is the segment of employees, who were denied the exercise of this constitutional right due to their position in the work regulated by public law under the pretext that the functioning of the public facility is stopped regularly and Increasingly, and for this, everyone who does it criminally and administratively is guilty. Accordingly, a contradiction appeared between what was decided by some constitutions and what was previously legislated, and comparative law jurists succeeded in lifting it. Strike, under certain conditions and by peaceful means, taking into account ensuring the regular and steady functioning of the public utility, The comparative judiciary supported that with its decisions, and considered it a failure of the parliament to organize it that does not mean sacrificing the right, especially in countries that signed international human rights agreements, including Egypt and Iraq, and these agreements became their domestic law to be applied and which abolished the law that was criminalizing it, and thus the right to strike became an effective means of claiming rights For all, including employees, the strike is no longer a crime punishable by law.
Keywords
strike; employees; Constitution

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((EMPLOYEES STRIKE: BETWEEN A CONSTITUTIONAL RIGHT AND AN ACT PUNISHABLE BY LAW)) A COMPARATIVE ANALYTICAL LEGAL CONSTITUTIONAL STUDY, WITH A FOCUS ON THE IRAQI CONSTITUTION AND LAW"