Empowering source on right/ freedom to
strike
A Summary of the Law on Strike in Selected Overseas Countries
U.K.
France
Germany
U.S.A.
Annex D
Japan
South Korea
The Philippines
Malaysia
Singapore
Thailand
Legislation
Constitution
Constitution
Legislation
Legislation
Constitution & Statute
Constitution & Statute
Legislation
Legislation
Legislation
Right of
Labour unions
exercise
Labour unions or employees
Labour unions
Labour unions or employees
Labour unions
Labour unions
Labour unions
Labour unions
Labour unions
Procedure
- secret ballot
Yes
N.A.
-
strike notice
N.A.
Required of public employees
Yes N.A.
N.A.
N.A.
Yes
60 days to terminate the collective
agreement;
10 days (for public utilities employees)
30 days (private) 60 days (public utilities)
30 days to notify the authority
Yes 30 days (for bargaining deadlock)
15 days (for unfair labour practice)
Yes (2/3)
7 days' notice of
ballot results;
21 days strike notice for essential services.
Yes
14 days
(for essential services)
Prohibition of strike
Police, armed forces, postal & telecom employees
Police, armed forces, judiciary
Civil servants & employees in essential services
Seamen, public employees in some
states
Public employees, employees of national enterprise
Public employees, defence & essential services employees
N.A.
N.A.
Employees in water, gas & electricity services
Labour unions or employees
N.A. 24-hour
Employees in essential services
Other restrictions
Proclamation of
emergency power
Protection of
Strikers
Unions & employees immune against conspiracy & tort actions. Dismissed strikers may complain of unfair dismissal in certain situations.
No dismissal of lawful strikers. Employment contract only suspended, not
breached.
No pay during strike.
Peace clause in collective agreement
No dismissal of lawful strikers. Employment contract only suspended, not
breached. No pay during strike.
Emergency adjustment
No-strike clause in
30 days' cooling-off period
collective agreement
Right to return work after strike if not replaced during strike.
May complain of unfair labour practice if not re-instated after
strike.
No dismissal of lawful strikers. Unions & members
immune against actions for damages
by employers. No pay during strike.
Emergency adjustment
30 days' cooling-off period
No dismissal of lawful strikers. Unions & members immune against actions for damages by employers. No pay during strike.
No strike after assumption of jurisdiction / referral to arbitration by government
No dismissal of lawful strikers
No strike after dispute referred to Industrial Court
No dismissal of lawful strikers
(a 1975 court decision).
N.A.
No dismissal on ground of union membership or activities.
Unions & members | Unions & members
immune against conspiracy & tort actions
immune against conspiracy & tort
actions
Proclamation of martial law or statej of emergency
No dismissal on ground of union membership or activities. Unions &
employees immune from civil, criminal]] liabilities of strike.
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