2.2 Not all Massmart workers embarked on strike action; other workers reported on duty. Examine the principle of “the right to strike” and the requirements for going on strike. (30)

Answer 1

The principle of "the right to strike" is a fundamental workers' right recognized internationally and is protected by numerous labor laws and conventions. It allows employees to withhold their labor as a form of protest, to negotiate better working conditions, higher wages, or other demands from their employer. It is considered an essential tool for workers to balance the power dynamics in the labor market.

To exercise the right to strike, certain requirements must be met:

1. Trade union recognition: Generally, the right to strike is granted to workers who belong to a recognized trade union or labor organization. Unions act as representatives of workers and negotiate with employers on their behalf.

2. Exhaustion of negotiation and mediation avenues: Before going on strike, workers are usually required to attempt negotiation with the employer to resolve the issues at hand. Sometimes, mediation or arbitration processes may also be required to be exhausted before strike action can take place.

3. Balloting and democratic decision-making: In many jurisdictions, a majority vote through a secret ballot is required before going on strike. This ensures that the decision is made collectively after due deliberation.

4. Notice to the employer: A formal written notice must be provided to the employer, indicating the intention to strike. The notice period varies depending on the jurisdiction and may range from a few days to several weeks.

5. Compliance with legal procedures: Certain legal requirements, such as mandatory cooling-off periods, conciliation or mediation procedures, or specific regulations related to essential services, must be observed before going on strike. Failure to comply with these procedures can result in the strike being deemed illegal.

It is important to note that the right to strike is not absolute. It is subject to regulations designed to balance the rights of workers with the needs of businesses and society as a whole. Restrictions may be imposed on certain sectors deemed essential, such as healthcare, transportation, or public safety, where strikes could have severe consequences.

In the case of Massmart, where only some workers embarked on strike action, it is possible that there were differences in opinion among the employees or that not all requirements for going on strike were met. This demonstrates that the right to strike is not automatic and depends on the fulfillment of certain conditions.