The right to strike in chilean law

Abstract

The strike was subject to a “constitutional transformation” as a consequence of which, it is now considered to be a fundamental right. Taking this condition as our starting point –and from a theoretical point of view– it is possible to see how it has expanded in several of its dimensions, both in terms of concept and purpose, and also in terms of its protected content. This article focuses particularly on the legal regime of the right to strike in Chile, which presents a right of strike within the ruled collective negotiation and subject to its norms, and a right of strike deriving directly from the Constitution. The latter will not operate as a final procedural stage of collective negotiation, but it will accomplish a different legal function: it will act as a legitimate mechanism of pressure to the employers or their trade associations, with the purpose of establishing effectively a process of labour collective negotiation in conditions of party balance.