Can a country limit or prohibit workers from going on strike during the term of a collective contract?
Mexico In Mexico, strike action may be called for or even initiated as a means of bringing about the concertation or review of a collective contract, whether upon its expiration or during its term. Any contractual clause obliging workers to abstain from striking is unconstitutional. In any case, labor legislation authorizes the intervention of the JC y A in order to qualify the strike in terms of the observance of legal norms by the strikers. Likewise, this intervention is intended to help strike action to focus on the goal of “achieving a sense of equilibrium between productive factors and harmonizing labor rights with those of capital”. If the tribunal decides that a given strike does not foment such a situation, the action is declared “non-existent” and workers are obliged to return to work. Canada In Canada, the labor legislation pertaining to the Federal and Provincial jurisdictions prohibits strikes at any time during the term of the collective contract. Strikes are legal while w
