Over the years there has been an increase in the number of strikes across the world more so in the developing nations. It is currently claimed that it is one of the most researched topic in the labor sector in the recent past with some in the favor of the use of strikes as a means of advocating for a fair pay among other issues while others on the other hand totally against it. This is certainly one of the main issues that has certainly been a huge challenge hence the need for further analysis as it will be the case in this highlight some of the advantages of using it as a means of advocating for better working terms. There have been so many different definitions that have been given when it comes to defining the word strike with reference to labor sector. One of the most well appreciated definition has been “a refusal to work organized by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer.” Even though there are those of the belief that the right to strike is usually misused, there are still a huge number who believe that regardless of how it is used, there is need to use it. According Thomas & Tufts (2016) strike in the Canadian context means “the withholding of labour by workers in order to obtain better wages or working conditions. A strike is the withholding of labour by workers in order to obtain better wages or working conditions.”
The Need for The Right to Strike
Some of the long lasting historical strikes in the Canadian history include the Toronto printers’ strike that took place in the year 1872. The fact that the people were actually striking for about 9 hours a day for about two months in that it started on 29th March to 15th May 1872 shows clearly that indeed despite being a long hustle that had adverse effects on both the employees and the employer it was certainly worth it in the quest of fairness ( Salamon, 2017). Some of the main reasons why the right to strike should be retained is based on the understanding that it is the only last resort that a huge number of employees usually have (Smith, 2017). This is based on the fact that a huge number of employers usually undermine their employees on that they are not ready to listen to them unless they take a step that will be able to have an impact on the employer’s operations in a huge magnitude. In this case this step is usually the most effective since it will exert some pressure to them hence they will have no option but to initiate the talks that will finally deliver the much needed solution. This means, this tool has been key in ensuring that the workers have a say in the matters concerning their working conditions. This has been also key in that it has been one of the most effective bargain tools that has been used in to pushing for changes. This means were it not for striking then it would have been so difficult for the employees to address the plight of the employees.
The whole idea of strike usually means that the image of the firm and employer will be certainly dented in that people will know that the employer usually mishandles or mistreats the employees. This has been a key determent to the growth of any business. It is also a key issue that has gone a long way in messing up the manner in which the customers view the firm hence a key hindrance to the growth of the organization. This is the very reason most of the employers are usually pushed into negotiations or talks on the matter thereby leading to better working conditions for all the employees hence the significance of the strikes to the workforce. The fear that the public will have a bad perception of the business has been a key thing in pushing the employees in reviewing the manner in which they address the matters before they can actually escalate to strike. This has certainly ensured that there is no side that has total control of terms of working since each side has its own point of bargain that ought to be considered hence no one can actually write off the other. This has been certainly fundamental in ensuring that each side values the other. The strike is therefore a clear factor in ensuring that the security of the employees is assured.
The countries with very weak labor laws such as China clearly show the reason why the strike is key. In these kind of countries, the workers are usually paid very little pay and subjected to very hard working conditions yet they have no law allowing them to go on strike thereby their pay cannot be increased so is the working conditions. This is based on the understanding that there is need to ensure that the workers have the right to express themselves regardless of the conditions available. This is also based on the reality that if there was some law giving the workers the chance to strike then they would have shown the many evils they are currently exposed to in the name of poor working conditions. If there was a strike certainly, they would be paid failure in terms of the working rates as well as the amount of time they work for. This is clear that the absence of the right to strike has been one of the main reasons that have undermined the lives of the people working under these kinds of conditions.
The fact that the strikes are actually legal has also ensured that the government cannot undermine the workers in the nation more so those working for the state (Fudge, 2008). This is based on the fact that there are countries whereby there is no any form of laws on matters employment whereby the state is the sole controller of the wages. In this case the fact that they have the upper hand being that it is the state means the absence of the strikes would have certainly meant that the workers are going to be forced to work under unfair working conditions. The fear that in case of any strike the whole process of service delivery will be jeopardized in that there will be no one to work is something that has kept most of the governments are usually forced into negotiations. This is to mean were it not for the strikes then these group of employees would never have been listened to. They would also be forced to work under the terms that would actually be dictated by the government. This is indeed clear that the state would be the one with a bigger say hence bossing the other parties into agreeing to terms that are not favorable to them. This shows how powerful the whole idea of strikes is.
It also highlights the manner in which the strike or the fear of it will surely influence the nature of the negotiations. Therefore, the absence of the same will surely hinder the manner in which someone ought to operate when it comes to matters better pay as well as better working conditions. It also shows that without the strikes, most of the states would certainly ban any form of industrial actions. This would have made it much difficult for any group of people to get any chance to work under any better conditions in which they also have a say. This would have also jeopardized the many gains that have made through the many labor laws that have been put in place in most of the countries. This is based on the understanding that most of the labor laws have certainly been made in an attempt to prevent or to address the already existing strike.
Most of the organizations have certainly shifted their focus in that all they look for is the opportunity to increase their revenue at the expense of the better working conditions for their workers. This means if not for the strikes then it is clear that the workers would have been paid a very low income so that the business can actually make much more profits. This means the presence of strikes usually act as a check and balance for the workers. This is because they can go on strike without jeopardizing their security of their jobs. This is mainly because strikes are legal and protected by law hence there is no any action taken against those who engage in such as long as the strike itself have met all the legal grounds.
Based on the above reasons, there is definitely to worthy reason that is good enough to ensure that one can actually expunge it from the list of rights that people ought to enjoy. The fact that the workers should have a say in what happens at their workplace shows that there is need to ensure that the right to strike is actually protected to ensure that all the workers are given better working conditions since they have their part of the bargain that they can actually use to negotiate their part of the share and in this case there is none other than the strikes hence the ought to be protected instead of being expunged from the list of existing rights of workers.
Implications of Removing the Right to Strike
By so removing this right, the workers will be subjected to the mercies of their employers. This means the morale of the workers will certainly be affected negatively in that they will know that they certainly cannot change anything and instead they are being treated as robots in that they longer have the role to play in determining their own working conditions as well as their pay. This will certainly pinch the organizations themselves in the long run. This is mainly because the net worth of the business will go down since the level of production will certainly reduce. The whole topic on motivation is indeed key for all the employees in that the more they are motivated the more they deliver. It has been stated clearly that workers are usually motivated by a better pay as well as better working conditions (Smith, 2017).
Most of the employers hardly avail any of the two unless they are fully pushed to the corner, the one thing that has been proved to be successful when it comes to that has been the use of strike. This means the absence of the strikes will mean that the employee has all the say in the determination of the pay as well as the working conditions; this will certainly demotivate the employees’ hence poor working conditions. This means that there is need for motivating workers by giving them the right to strike in that they can initiate talks or threaten the organization through strikes if they fail to address the issues facing them. This will be a sure way of ensuring that things are done in accordance with law. There will be equality and fair pay that will go a long way in motivating the workers.
The need for fair treatment means that the workers should have their own negotiating platform the removal of strikes certainly means that the other parties will have a much bigger say than the others when it comes to negotiations on terms and conditions regarding the nature of employment. Most of the workers will end up being treated as lesser parties when it comes to a situation where the strikes are not part of their available options. This is based on the understanding that they will be bossed around and forced to get into contracts that are actually not favorable for them. The fact that the strikes are actually accepted by law is another key thing in that the employees are actually protected by law hence those that actually take part in any form of industrial action be it a go slow or even any other job related labor actions then they will be liable for punishment by their employers since the strikes are not projected by the law. This is one of the many disadvantages of actually removing strikes. The case of the nurses in Canada is indeed critical in addressing this, (Ross-Kerr, 2014).
Currently most of the working conditions for the workers are usually negotiated by the labor unions. This is to mean the interest of the workers are actually negotiated for by an organization and not just a single individual in that there are likely to be sacked or victimized in that the absence of the strikes will undermine the powers of the employees thereby being subjected to unfair working condition. It has also been confirmed through research that not so many employees are usually afraid of the fact that they may be singled out and unfairly treated just because of their position on the matters concerning their working conditions. The fear of being victimized is usually key hindrance in the matters concerning the workers since no one has the courage to take up the risk not knowing the kind of conditions that he or she will be subjected to. This is based on the understanding that it is indeed harsh for anyone to get sacked just for the sake of the others hence no one is usually ready to take up the risk knowingly that they can actually be fired on the very grounds now that the strikes are not actually allowed (Bauernschuster et al., 2017).
By removing the strikes the many gains that have been gained through the workmanship of International Labor Organization will be written off thereby reversing all the gains that have been made. This is certainly not worth the struggle that many people have certainly worked hard for to ensure that there is equality and better treatment for all workers in that they are paid fairly as well their voice also be heard (Keim, 2015). There is need to protect the gains that have already been made unless they are contributing negatively to the growth of the workers. It is indeed factual that the right to strike is one of the many gains that have been seen by the means of struggle. It is therefore not worth anything when the right to strike is actually expunged from the rights of workers. This will be certainly detrimental to the labor sector in whatever manner anyone looks at it hence there is no enough justification for the revocation of the right to strike since it has many pros than cons. The many gains that have been made through strikes that have certainly been good for all the parties have certainly been great in that they have given the workers the voice the really needed in advocating for their rights. Through strikes, there have been many workers that have been able to benefit in that they have been awarded better pay or even the strike forced their employees into negotiating for better working conditions.
The strikes have more advantages that they actually bring to workers compared to their negative attributes hence the need to uphold the right to strike. As highlighted in this paper the removal of strikes will certainly have far reaching effects hence the need to ensure that the right to strike is actually upheld. There is need for the workers’ dignity to be upheld in terms of better working conditions as well as better pay. This will ensure that they are able to live comfortable and be more motivated to work much harder. This is indeed necessary in ensuring that things are certainly good enough for the parties involved. In summary were it not for the strike by Canadian Pacific Railwayin which more than 5000 people took part, which took about two whole months then certainly the working conditions of the railway workers in the whole country would not have had such a significant change (Watson, 2015). The same applies to the Toronto printers’ strike that took place in the year 1872 and the far reaching effects that it had on the growth of the nation’s labor laws. Based on the two cases among many others, there is need to protect the right to strike in Canada, it will lead to better working conditions in the nation as well as better pay for the workers as well as their freedom to express their grievances.