Criteria of the legality of the strike were closely determined by provisions of the Act. It orders the exhaustion of all procedures determined in Art., 7-14 in particular, to end the collective dispute with discrepancies protocol and requires notice of the strike at least five days before it starts.
All the procedures has not been used up by the Strike and Protest Committee.
It is worth noticing that:
- The dispute concerns withdrawing of preventive or free meals to employees who do not work in conditions that are particularly harmful and are not exposed to the energy loss.
- Formally, the dispute continues, as the date of the announcement of the strike was not preceded by signing of the differences protocol. In addition, on the first day of the strike, on January 28, 2015 another meeting of both parties with the mediator was set at 8.00. This mediation was held without the signature of the differences protocol, and the next appointment of the Board and the social side was set on February 11, 2015.
- Referendum conducted by the Strike and Protest Committee on January 26-27 2015 didn't concern the object of the dispute which continues, moreover referendum questions didn't aim at establishing the will of the crew regarding the strike, and concerned exclusively the strike and protest action. Taking the above into consideration, even positive results of the referendum cannot constitute the actual, or legal base for starting the strike.
- Postulates are not subject to an ongoing dispute, they are also different from the range of the dispute defined by law.
Taking into account the fact that the strike is illegal and the fact that every day of its continuation brings real losses for both the company and its employees, the Board urges the organizers of the strike action for cessation of strike and enabling the crew to undertake normal operation. At the same time the Board still expresses its will to continue discussions with the social side on proposals submitted to the labor unions concerning austerity measures in the area of labor costs.
