Право на забастовку в праве Международной организации труда: кризис признания?

Право. Журнал Высшей школы экономики. 2016. № 4. С. 184–197.

Gerasimova E., Колганова С. Г.

The article deals with an understanding of the right to strike as a human right, which was formed during the 20th century, its place among human rights, normative regulation of the right to strike at the international and national levels, as well as its role in labor relations and employment law. The centerpiece of the article is the study of crisis recognition of the right to strike, caused by the Employers' Group’s statements at the International Labour Conference in 2012. During this conference, the representative of the Employers' Group has notified that they refuse to discuss the list of countries, selected from the report of the Committee of Experts and earlier approved by tripartite partners, not fulfilling obligations  arising from ratified Conventions, at the Committee on the Application of Standards of the International Labour Conference,

This statement was motivated by the fact that the right to strike is not expressly recognized in the Convention #87, and the Committee of Experts, when making conclusions about the violation of the right to strike by some states – ILO members, has gone beyond his mandate. This raised the question not only on the recognition of the right to strike, which was developed during decades, but also about the mandate of the Committee of Experts as a whole. To understand the scope of the modern recognition of the right to strike, the history of the adoption of the ILO standards concerning the right to strike, and discussions on the content of standards are investigated.  The article analyses how the interpretation of the Convention №87, developed by the ILO supervisory bodies, particularly by the Committee on Freedom of Association and the Committee of Experts on application of Conventions and Recommendations; explores limits of the mandate of mentioned bodies in interpretation of the conventions’ content; the role of Employers', Workers’ and Governments” groups in the recognition and development of these interpretations. Efforts undertaken inside the ILO to overcome this crisis are also being explored.

Keywords: Международная организация труда, freedom of association, свобода объединения, soft law, «мягкое право», international labour organization, right to strike, право на забастовку, Workers’ and Employers’ Group, ILO supervisory mechanism, mandate of the Committee of Experts, Группы работников и работодателей, контрольный механизм МОТ, мандат Комитета экспертов