The right of labor strike “a comparative study between Iraqi, Egyptian and Syrian Laws”

The right of labor strike is one of the basic labor rights and it is constitutionally enshrined in countries based on the principles of democracy, and practicing labor strike is subject to the rules of the legislation, which regulates it, or the rules established by the judiciary. In the legal framework, practicing labor strike requires taking into consideration the conditions of work stoppage and the condition of professional demands. The scope of the legality of the right to labor strike is shrinking due to the restrictions imposed in order to ensure that it is in harmony with the other rights and freedoms, which hold equal constitutional value.

The labor strike is one of the most important constitutional and administrative issues, which has witnessed remarkable developments in recently from both theoretical and practical sides where it was a criminal behavior in the laws of most countries. as a result of the development of human rights, political, economic and social rights, the perception of the labor strike has changed due to the fact that it deals with international and regional conventions As well as the constitutions and internal laws relevant to origination. Specifically in recent years, it started to emerge on a large scale in most countries of the world, including Iraq, Egypt and Syria.

the modern labor legislations, including the Iraqi Labor Law No. 37 of 2015 and the Egyptian Law No. 12 of 2003, have adopted the modern perspective on labor relations and sought to achieve stability in the contractual relationship, whether individual or collective. Therefore, the labor relations must be considered based on including the worker, the employer, the facility or the project that is part of the national economy and which proper functioning will result in achieving the interest of workers and business owners, addition to serving the national economy. We have also chosen fixes to address the issue of the right to labor strike at the international level, including the International Covenant on Economic, Social and Cultural Rights of 1966, which considered the international legislative basis, which came with a set of obligations characterized by legislative nature and aimed at establishing the right to labor strike. In addition, we have the Convention No. (87) Issued by the International Labor Organization as well as the Arab Charter for Human Rights and the European Social Charter of 1961, amended in 1996 to include an explicit provision. Regarding the right to practice labor strike

This study has dealt with all the aforementioned pivots through three chapters. In the first chapter, we dealt with everything related to the strike, including definition, elements and forms. In the second chapter, we dealt with the basis of the right to labor strike and the conditions for practicing it. In the third chapter, we dealt with the impact of practicing the right to labor strike on workers, including the impact on both striking and non-striking workers, and its impact on the relationship of the employer with the non-contractor workers, followed by a conclusion that sums up the key findings and recommendations offered by the researcher.