Strikes in Public Services between Constitutional Freedom and Legal Regulation
Dr. Bilal Akal Alsandeed
Legal consultant in the Council of Ministers General Secretariat – Kuwait, Professor of Public Law, Kuwait International Law School
Abstract:
Waves of strike threats in Kuwaiti Ministries and other governmental sectors have become more frequent as employees collectively strike and impede the services and benefits of public domaim.
Although no explicit article in the Kuwaiti constitution allows strikes, it is impossible to ignore the fact that constitutional and legal principles guarantee employees the power to advocate their rights. They can exercise any form of legal pressure on decision makers in both public and private sectors. However, the conflict occurs when such rights and demands contradict with other citizens’ rigths, or with other legal principles or personal obligations, such as “the continuity and constancy of public services” principle.
This article poses many inquiries regarding strike legitimacy in public service, and attempts to find answers regarding striking the rights balance between the right to strike on the one hand, and the duty to maintain public benefit and public service on the other hand. In this respect, the article suggests that it is imperative to have a statutory regulation for strikes in Kuwaiti public services. Comparative laws and international charters provide good insights in this regard.
The paper is organized as follows: Part One sheds light on the constitutional foundations and basic principles related to strike in public services. Part two then investigates the different approaches regarding strikes in comparative law and international charters. In Part Three, the researcher analysis the strike practice in Kuwait from a legal viewpoint. Part Four offers some recommendations to regulate the exercise of the right to strike in Kuwaiti public services.