THE INDIVIDUAL AND COLLECTIVE LEVELS OF THE RIGHT TO STRIKE
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Keywords: right to strike, individual right, collective right, freedom of association, freedom from forced labour, non-domination, trade union, Labour Code of Uzbekistan.Аннотация
Abstract: The article asks a question that labour law usually treats as settled: who is the holder of the right to strike, the individual worker, the workforce as a group, or the trade union? Drawing on the early American debate, on recent political and legal theory and on comparative law, the author argues that the answer is not a matter of terminology. The level at which a legal system locates the right determines who may call a strike, who is protected while it lasts and who is punished when it goes wrong. Three justifications of the right are compared: the derivative (collective bargaining) account, the composite “basic liberties” account and the radical account of resistance to domination. The composite account is shown to fit legal doctrine best. On this basis the article evaluates the model adopted by Uzbekistan in Law No. ZRU-1150 of 11 June 2026, which the author describes as a collective-representative model, and proposes several amendments to strengthen the position of the individual striker within it.
