SECTION II - PROCEDURES PRIOR TO THE STRIKE Article 323
A strike shall be declared according to the procedures set out in the union’s statutes, which must state that the decision to strike is adopted by secret ballot.
A. Prior Notice
Article 324
A strike must be preceded by prior notice of at least seven working days and be filed with the enterprise or establishment. If the strike affects an industry or a sector of activity, the prior notice must be filed with the corresponding employer's association, if any. The prior notice must precisely specify the demands which constitute the reasons for the strike.
The prior notice must also be sent to the Ministry in charge of Labour.
Article 325
During the period of prior notice, the Minister in charge of Labour shall actively seek all means to conciliate between the parties to dispute, including soliciting the collaboration of other relevant ministries. The parties are required to be present at the summons of the Minister in charge of Labour.
B. Minimum Service
Article 326
During the period of prior notice, the parties to the dispute are required to attend the meeting in order to arrange the minimum service in the enterprise where the strike is taking place so that protection of the facility installations and equipment of the enterprise will be assured. If there is no agreement between the parties, the Ministry in charge of Labour shall determine the minimum services in question.
A worker who is required to provide minimum service covered by this Article and who does not appear for such work is considered guilty of serious misconduct.
C. Essential Services
Article 327
If the strike affects an essential service, namely an interruption of such a service would endanger or be harmful to the life, safety, or health of all or part of the population, the prior notice mentioned in Article 324 shall be extended to a minimum of fifteen working days.
Article 328
During the period of such prior notice, the Minister in charge of Labour shall determine the minimum essential service to be maintained so as not to endanger the life, health or safety of persons affected by the strike. The workers' union that has declared the strike shall be asked to give its views as to which services to be maintained.
A worker who is required to provide the minimum essential service covered by this Article and who does not appear for such work is considered guilty of serious misconduct.
Article 329
The list of enterprises that provide essential services in the sense of Article 328 shall be established by a Prakas of the Ministry in charge of Labour. All disputes concerning the qualification for an essential service shall be settled by the Labour Court, or in the absence of a Labour Court, by a general court.
SECTION II - PROCEDURES PRIOR TO THE STRIKE Article 323
A strike shall be declared according to the procedures set out in the union’s statutes, which must state that the decision to strike is adopted by secret ballot.
A. Prior Notice
Article 324
A strike must be preceded by prior notice of at least seven working days and be filed with the enterprise or establishment. If the strike affects an industry or a sector of activity, the prior notice must be filed with the corresponding employer's association, if any. The prior notice must precisely specify the demands which constitute the reasons for the strike.
The prior notice must also be sent to the Ministry in charge of Labour.
Article 325
During the period of prior notice, the Minister in charge of Labour shall actively seek all means to conciliate between the parties to dispute, including soliciting the collaboration of other relevant ministries. The parties are required to be present at the summons of the Minister in charge of Labour.
B. Minimum Service
Article 326
During the period of prior notice, the parties to the dispute are required to attend the meeting in order to arrange the minimum service in the enterprise where the strike is taking place so that protection of the facility installations and equipment of the enterprise will be assured. If there is no agreement between the parties, the Ministry in charge of Labour shall determine the minimum services in question.
A worker who is required to provide minimum service covered by this Article and who does not appear for such work is considered guilty of serious misconduct.
C. Essential Services
Article 327
If the strike affects an essential service, namely an interruption of such a service would endanger or be harmful to the life, safety, or health of all or part of the population, the prior notice mentioned in Article 324 shall be extended to a minimum of fifteen working days.
Article 328
During the period of such prior notice, the Minister in charge of Labour shall determine the minimum essential service to be maintained so as not to endanger the life, health or safety of persons affected by the strike. The workers' union that has declared the strike shall be asked to give its views as to which services to be maintained.
A worker who is required to provide the minimum essential service covered by this Article and who does not appear for such work is considered guilty of serious misconduct.
Article 329
The list of enterprises that provide essential services in the sense of Article 328 shall be established by a Prakas of the Ministry in charge of Labour. All disputes concerning the qualification for an essential service shall be settled by the Labour Court, or in the absence of a Labour Court, by a general court.
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