General strike for the Flotilla and Gaza. School, health and transport: the protest in Italy
Both the CGIL and the Usb had announced the stoppage of all categories in the event of an Israeli attack on the Flotilla, derogating from the minimum 10-day notice period. But the Guarantee Commission has already let it be known that this would be a violation of the law exposing unions to economic sanctions
Key points
Following the attack on the Flotilla by the Israeli army, the Usb and the CGIL announced a general strike for today, Friday 3 October (the CGIL explained that it will take place in compliance with the guarantee periods). "The attack against civilian ships carrying Italian citizens represents a fact of extreme gravity. A blow inflicted on the very constitutional order that prevents humanitarian action towards the Palestinian population subjected by the Israeli government to a genocidal operation,' the union led by Maurizio Landini accused. But the Garante on strikes has warned: a general strike without notice is illegitimate. And the CGIL replies: our strike is fully legitimate, we challenge the Guarantor's decision.
Today's stoppage takes place without, therefore, respecting the minimum notice period of 10 days. On this point the two trade unions challenge the Guarantee Commission on the right to strike. There is a different interpretation of Article 2 paragraph 7 of Law 146 of 1990, which allows an exception to the minimum 10-day notice period in cases of 'abstention from work in defence of the constitutional order, or protest for serious events detrimental to the safety and security of workers'. The two unions are challenging the Commission on the right to strike.
Strike confirmed, appeal will be to labour judge
The general strike was confirmed by the trade unions, which will appeal to the labour judge against the decision of the Strike Guarantee Commission that declared it unlawful due to the lack of notice. The examination, in this case, will take several days. Regardless of the decision that will be adopted by the judge, there can be no sanctions or fines for the workers who joined the protest: in the absence of a precept, in fact, any sanction - if imposed - applies to the trade unions that proclaimed the stoppage and cannot exceed 50,000 euros.
Guardians' position: notice needed, or strike unlawful
On the unannounced general strikes, the Guarantee Commission intervened to remind that strikes, in the context of essential public services, must comply with precise rules provided for by Law 146 of 1990, to protect the constitutional rights of citizen-users, including the obligation to give advance notice, except 'in cases of abstention from work in defence of the constitutional order, or of protest against serious events detrimental to the safety and security of workers', circumstances that 'cannot be found in the present case', as the Garante has already noted for other protests by Gaza.
The Guarantors issue a warning to the trade unions: calling strikes without these characteristics would be tantamount to 'placing oneself in an illegitimate situation and with actions contrary to the dictate (and spirit) of Law 146' and they let it be known that the Commission 'will carefully monitor, within the framework of its prerogatives, to ensure that essential personal rights are not violated'.
