Illegitimate strike: what workers and unions risk: fines and penalties

Called by the CGIL and USB, the general strike on October 3rd has generated controversy, dividing the country between supporters and opponents. Regardless of opinions regarding the events in Gaza and the actions taken by the institutions, it is interesting to understand the latest developments regarding the assessment of the illegality of the total blockade, as expressed by the Strike Guarantee Commission .

Despite guaranteed service hours, essential public services remain at high risk throughout the day, inevitably making it difficult for citizens to carry out even the most basic or urgent tasks.

So, what are the potential legal consequences of a hastily organized strike, resulting in a halt to business throughout Italy? Who risks what? Let's try to clarify.

Why the Commission considers the strike illegitimate

October 3rd is too "early" to validly organize a general strike that wasn't communicated or scheduled in time. That is, it was called without respecting the minimum ten-day notice required by law to promptly inform everyone.

This is essentially the rationale given by the Guarantor for its decision declaring a general blockade unlawful, which, according to the expert opinion, violates the provisions of Law 146/1990 . The law concerns the right to strike in essential public services and the protection of the constitutional rights of citizen users.

The unions acted without respecting the due timeframes and procedures and, as stated in the Guarantor's press release, without taking into account the fact that the strike, in the context of essential public services and indispensable performances, must respect precise rules .

No notice: what the law says

Among these is the obligation to provide advance notice (Article 2, paragraph 7), which, however, provides for an exception. It does not have to be respected.

in cases of abstention from work in defense of the constitutional order or in protest against serious events that threaten the safety and security of workers.

The presence of these circumstances, supported by the unions, was denied by the independent administrative authority responsible for evaluating the legality of the strikes .

In the manner implemented for the strike of October 3 , the interruption or limitation of essential public services (health, schools, justice, transport, etc.) was deemed illegitimate because it was contrary to the purposes and text of law 146/1990 .

It should also be noted that last September 19, the SI-Cobas union had called a general strike for Gaza, to be held on October 3. However, this collective strike was deemed legal by the Commission because—despite having been scheduled for the same reason—it was scheduled well ahead of schedule.

Legal consequences for unions and workers

Despite the clear stance of the Guarantor, an authority established specifically to enforce the aforementioned strike law, the unions have confirmed their intention to bring the country to a standstill. They have announced they will appeal the resolution, seeking annulment before the labor court .

Beyond the potential criminal consequences of assaults or acts of vandalism related to the degeneration of the day's demonstrations, what are the risks for those participating in the strike and for the organizations that called it?

Huge fine for the unions

For trade unions, the risk is not only a split in public opinion regarding their line of action, a reduced ease of dialogue in the field of industrial relations and a loss of bargaining power .

Indeed, they may face a heavy fine . In the past, and for other general blockades, the fine has already reached tens of thousands of euros, with a maximum of 50,000 euros , as provided for by Article 4 of the aforementioned law.

Disciplinary sanctions against workers

For workers who join and participate in demonstrations in the city, the same article of the law provides for disciplinary sanctions calibrated to the seriousness of the infringement, with the exclusion of dismissal .

Disciplinary consequences are unlikely to materialize. Regardless of the discretion of the company or public entity in taking action against them, there is case law that tends to broadly protect the rights of those who choose to stay.

It goes without saying, however, that they will lose the money in their paycheck , for the day or hours not worked even if stipulated in the contract.

Precept and protection of essential public services

We have said that unauthorized strikes violate the essential nature of some public services, putting them at serious risk suddenly and without due warning, with possible damage , not only of an economic nature, to the citizens.

For this reason, institutions can adopt administrative conscription measures, establishing the obligation to guarantee a minimum level of service and ensuring people's rights (to travel for work reasons, to undergo medical checks, etc.).

Violating the order would expose citizens to negative consequences, and therefore, workers who fail to comply are fined between €500 and €1,000 for each day of violation.

In the case of the general strike for Gaza on October 3, no requisition was issued because, as MIT sources explain, the climate, already tense and politically poisoned, risked worsening further at this very moment.

However, Minister Matteo Salvini explained to the media that he had just brought to the Council of Ministers a proposal to toughen the current sanctions , which he said were too lenient because they were provided for by a 35-year-old law.

The direction is therefore towards toughening the legal consequences , similar to the proposal by the Deputy Prime Minister himself to require those who organize demonstrations to pay a deposit.

In conclusion, pending the unions' appeal and possible reforms, the obvious issue remains between the right to protest and the protection of essential services . This is a complex issue, but one that deserves updated and clear rules during a season like autumn, typically marked by strikes.