Prawo do strajku a zasada pokoju społecznego. Uwagi na tle katolickiej nauki społecznej i prawa pracy
The Right to Strike and the Social Peace Rule. Remarks on the Background of the Catholic Social Teaching and Labour Law
Author(s): Karol SołtysSubject(s): Christian Theology and Religion, Labor relations, Canon Law / Church Law, Sociology of Religion, Labour and Social Security Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: the right to strike; the social peace rule; the common good rule; collective employment law; collective dispute resolution;
Summary/Abstract: The right to strike is subjected to criticism. The main argument of this institution’s opponents is, visible already, the prima facie contradiction between the social peace rule and the common good. Particularly, the datedness of this institution is pointed out as well as the existence of other alternative dispute resolution methods which could replace it successfully. For this reason, this article’s aim is an attempt to answer a research question regarding the identification of the relationship between the right to strike and the social peace rule. For this purpose, the dissertation was divided, excluding the introduction, into six parts. The first two were dedicated to the conceptualization of the right to strike notion and the social peace rule. Subsequently, in the following part of the article, these issues have been analysed from historical, axiological, and moral-ethical aspects. After making arrangements that the right to strike is not a simple denial of social peace, it has been demonstrated what the constructive function of strikes rests upon in the implementation of this rule. Then, the Author presented the conditions after fulfillment of which a strike can make a positive contribution to social peace shaping and the common good. At the end, the conclusions have been described.
Journal: Kościół i Prawo
- Issue Year: 12/2023
- Issue No: 1
- Page Range: 87-105
- Page Count: 19
- Language: Polish