Een stakingswet voor deze eeuw / A Strike Law for This Century: Chronicle of the Collective Action Right After the Enerco and Amsta Judgments

The right to strike is not enshrined in Dutch law, but in the European Social Charter (ESC). About ten years ago, in the Enerco and Amsta judgments, the Supreme Court provided a decision-making model based on that treaty for assessing the (un)lawfulness of collective action.This book provides a detailed description of how judges have assessed strikes since then. It also examines how international supervisory bodies, such as the European Committee of Social Rights, which interprets the ESC, view the right to strike.Special attention is given to the committee's 2024 ruling on the jurisprudence in the Netherlands since the Enerco and Amsta rulings. The book follows the ESC system and answers questions such as who is allowed to strike, what constitutes a (conflict of interest) dispute, what forms of action are permitted in addition to the traditional strike, what limits may be placed on such a strike to protect, for example, the rights and freedoms of others, public order, or public health, and what rules of the game are important. The book also examines the employer's right to take action, which is also recognized in the ESC. Although the case law is increasingly being criticized, it is generally acceptable. A proposal to amend the case law is being made on five points: no warning strikes against one's own employer, no outsiders, an implicit duty to maintain peace in standard provisions of a collective bargaining agreement, a minimum of 120 hours' notice, and mandatory safety consultations between parties. These points are summarized in a bill: a strike law for this century.