A munkaharc jogának korlátozása a közszférában
Restrictions on the Right to Take Industrial Action in the Public Sector

Summary/Abstract: Conflicts over fundamental rights are part of our daily lives, some of them resolved by common sense, others decided by lengthy constitutional or human rights court proceedings. The right to industrial action raises issues for public sector workers in almost all jurisdictions, but in the case of strikes, the enforcement of workers’ will primarily concerns working conditions, but most importantly wages. In fact, the extent to which public sector workers are allowed to go on strike varies from one country to another. However, an important counterpoint for countries arguing for a ban could be that the loyalty that is recognized and demanded in the civil service has a completely different orientation from that of issues relating to pay. The fact that an official is not satisfied with his salary, which s/he expresses, does not mean that s/he is violating the loyalty s/he has sworn to uphold. In the sectors affected by the restrictions, as can be observed in Hungary, the proportion of other collective action is higher, including demonstrations, open letters, and petitioning. These widespread means of avoiding strikes are also seen as a way of making the voice of the workforce heard but do not affect work as drastically as strikes themselves. Of course, alternative dispute resolution procedures are also becoming increasingly popular as a complementary tool, enabling parties to address disputes and find appropriate compromises without resorting to industrial action.

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