Right to strike of employees of public undertakings HEADNOTES Facts Article 82 of Regulation PS6 of the French National Railways Company pro- vided that absences due to a concerted stoppage of work entail the suspension of rights to advancement in grade. One employee contested the legality of that provi- sion before the administrative courts. Decision The provision was declared to be illegal. Law Applied Labour Code Section L. 521-1: ... The fact that a strike has occurred shall not afford grounds for the employer to resort to discriminatory measures in connection with remunera- tion and social benefits. JUDGMENT The Minister of Transport has, as a preliminary exception, questioned the com- petence of this Court. In virtue of the combined provisions of Section L.134-1 of the Labour Code and Decree no. 50-637 of 1 June 1950, the conditions of employ- ment and work of the staff of the French National Railways Company are not deter- mined by collective agreements and arrangements, but by a Statute of Collective Relations between the Company and its staff which, as an element of the organisa- tion of an operating public service, constitutes an administrative regulation. The disputed provisions of Regulation PS6 of the
International Labour Law Reports Online – Brill
Published: Jan 1, 1990
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