The right to strike in the digital age: technological strikebreaking
Abstract
It is said that the technology and the digitalisation are changing the labour relation ´s framework. The fundamental principle of the right to strike, unique because although it is enshrined in the Constitution, its legal development is slight, has also been affected by these transformations. Due to the new tools, employers could have a higher control of the production and of the workers. In this context, to guarantee the recognition and effective exercise of the fundamental rights is an essential requirement, but complex as well. Strike-breaking using technology is an example of this: generally speaking, traditional strike-breaking has been banned, however technological strike-breaking could be more easily justified because it is nof affecting workers. The case law shows how the Courts have weight the enjoyment of the fundamental right and the business powers in order to ascertain if the strikes are proportional. The power of the employer has grown, especially in the control of strikes, which means that a modern legislative effort is required to continue protecting the right to strike.
Received: 04.02.2021
Accepted: 18.06.2021
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Last update: 08/02/2022
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