حق الإضراب في الوظيفة العمومية

Abstract

The right to strike is one of the rights concerned with the state. It is the product of basic rights and freedoms, which are recognized by international conventions as well as French law because of its great importance in creating and developing the demands raised by the public servant, in order to achieve his demands. It is a means and method of pressure on the administration or the user. The strike is one of the political, social, and professional rights. It has elements and forms, including material and moral, and the principle of the continuation of the public facility was the most important guarantee for the satisfaction of public needs, as any interruption hinders the functioning of the public facility regularly and steadily, and the duty of presidential obedience is among the principles stipulated by law and obligated subordinates Obedience to their superiors at work towards legitimate activities such as strikes. The right to strike, its practice and organization has become one of the conditions, restrictions, and legal protection, so it is constitutionally guaranteed for the employee or worker, and for the resulting effects, including advantages and disadvantages, and the establishment of civil liability, which is compensation for damage from arbitrary acts and professional errors, as well as the establishment of the penal responsibility represented in the penal provisions in Law 02/90.