engleski

Discontent of the Peregrines: Migrants and Right to Strike

Migration as well as the right to strike often triggers the attention of researchers. This is hardly surprising, as both of them are distinctive and controversial phenomena of the labour market. The aim of this paper is to take the research one step further and explore the interaction between labour migration and the right to strike. In the last decades the labour markets have transformed. The changes have profound effect on not only migrant workers but also on those who stay in their country of origin. Strikes by or against migrants is one the most thought-provoking issues of modern labour law, particularly having in mind currently developing common EU migration policy with the main focus on labour migrations and the right-based approach the Union is trying to implement. This paper will focus on international, regional and national legal framework and case-law regarding migrant workers’ right to strike, as well as right to strike of national workers against migrant workers, with particular emphasis on the Hungarian and Croatian law and practice, having in mind the countries’ EU membership and participation in the common EU migration policy (especially the recent accession of Croatia to the Union and its obligations to adjust the legislation to the acquis communautaire). The paper will analyse references and consequences of legal pro and contra provisions regarding the right to strike of migrant workers, and identify legal ambiguities which could disadvantage right to strike of various groups of migrant workers, i.e. migrants with different EU residence status and migrants engaged in particularly vulnerable employment sectors. Right to strike of migrant workers has a central role in protection of basic labour rights of migrant workers, which is often jeopardized because of the legal linkage between the right to residence and specific employment relationship.

Right to strike, migrant workers.

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