The CGIL and USB unions have launched a new one national general strike For today, Friday 3 October, “in defense of Global Sumud Flotillaof the Constitutional values and of Gaza“, Less than two weeks after the national mobilization that had involved all of Italy on 22 September.
Shortly after the announcement, the Minister of Transport Matteo Salvini evaluated the possibility of preceding the strike, while the Guarantee Commission on strikes declared the mobilization “illegitimate”Because not communicated with a minimum notice of 10 daysas required by Law 146/1990. The unions have already announced their intention to challenge the provision: in the meantime, they have been organized events and processions in dozens of Italian citiesfrom Palermo to Bologna, to Genoa, Venice and Potenza. Hundreds of trains were deleted at the stations of Naples, Milan and Rome, while the ports of Trieste and Livorno were blocked by port workers to protest against the block of the flotilla and against what is happening in the strip of Gaza.
But, therefore, what is meant by premium And in which risks can those who decide to strike anyway?
The meaning of preceding and requirements to organize a strike
There premium is an administrative measure with which the competent authority imposes the liMistation of a strike. Specifically, it is an administrative measure, with the form of an order, “whose adoption presupposes theexistence of a founded danger of a prejudice serious and imminent to the rights of the constitutionally protected person “.
In other words, preceding is a tool with which the state can limit or postpone a strike if this risks block essential public servicessuch as transport, health, school or safety. The goal, in this case, is not to avoid protesters to protest, but it serves balance The right to strike workers with the rights of citizens who could undergo serious inconvenience due to the strike.
The order of the preparation was introduced by Law 146/1990which requires the strikes to respect some very precise rules to be considered legitimate: a mandatory notice of at least 10 days Before the start of the strike, the Communication in writing the duration and motivations of collective abstention and the presence of Hourly bands of warrantyduring which the provision of services normally offered must be guaranteed.
What can happen to those who do not respect the preparation
The right to the strike, however, is recognized by theArticle 40 of the Italian Constitution, which establishes that “the right of strike is exercised in the context of the laws that regulate it”, among which the Law 146/1990.
In the event that the criteria we talked about above are not respected, it is possible to prevene (and therefore “command to work”) the workers who should have participated in collective abstention. If not even the prevailing measure should be respected, they are foreseen administrative pecuniary sanctions (from a minimum of 500 euros up to a maximum of 1000 euros for “day of non -compliance”) against the subjects who have not respected the provision.
In any case, those who promote the strike (like the unions) can decide to challenge the provision of premium before the competent regional administrative court within 7 days from its communication.
In the specific case today, in fact, CGIL and USB have communicated their intention to challenge the measure on the basis ofArticle 2, paragraph 7, of law 146/1990, which establishes that:
The provisions of this article in terms of minimum notice and indication of the duration do not apply in cases of abstention from work in defense of the constitutional order, or protest for serious events harmful to the safety and safety of workers.
According to the two unions, these two conditions would be respected Because “not defending the compatriots arrested in free waters, the constitutional rules are not being respected”. At this point, it will be the task of the judiciary evaluate the actual legitimacy of the strike.
