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פורום המרצות והמרצים למשפטים למען הדמוקרטיה

منتدى محاضري القانون من أجل الديمقراطية

The Israeli Law Professors’ Forum for Democracy

פורום המרצות והמרצים למשפטים למען הדמוקרטיה

منتدى محاضري القانون من أجل الديمقراطية

The Israeli Law Professors’ Forum for Democracy

Summary of Position Paper No. 36: on the Right to Strike in the Context of the Crisis

עודכן: 2 באפר׳ 2023

Abstract: The Israeli Law Professors’ Forum for Democracy, an ad hoc and voluntary group of experts on Israeli law and specifically Israeli public law, expresses its grave concern over the apparent intention to abolish the independence of the judiciary, to subordinate it to the government and to the partisan political considerations of the executive branch, to undermine the independent status of the attorney general and civil service legal counsels, and to violate human rights. This paper examines several practical issues in response to questions received by the forum concerning the right to strike in the context of the current protests.


· If the strike is aimed at objecting to actions taken by the government in its capacity as governing body, as opposed to opposition to the government as an employer or to working conditions, it is considered a political strike, and is not recognized as a “strike” under Israeli law, and the strikers are not entitled to protection under Israeli labor law.

· However, in certain circumstances, a strike that protests actions taken by the government will be recognized as a “strike” and confer legal protection on participants. This applies to an economic strike that is carried out in an organized and coordinated manner with respect to working conditions or labor relations. “Quasi-political” strikes, which are strikes directed against governmental actions (in this case, legislation) that have direct consequences on labor relations and working conditions, are also protected. However, the duration of quasi-political strikes is restricted, and employees' measures to exert pressure are also limited.

· Creative ways of protesting can be considered, such as “virtual strikes” that exert pressure but do not affect customers or the public at large.

PP 36
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