On the right to strike
I'm not a jurisprudent. I never wanted to be. Although at the time it was very popular, I never wanted to go to law-school. Not even as a kid, after watching LA Law on TV. Especially not after seeing my friends get home late at night, as young apprentices in law firms.
However, for my professional needs, I occasionaly read some rulings, laws and interpretations emerging from them.
Since in this case, things are a bit obscure, I'm asking for some tips (I know that for anything other than tips I'll have to pay more than I'm willing to at the moment) from anyone that has some knowledge on Israeli labor laws. Coming to think about it, why not any labor laws, from anywhere around the world...
Our subject today, as you probably guessed already, relates to the student's strike, and the right to strike.
To all of you who don't know, after several days of strike during the current semester, and following the public debate on the Shochat committee for the reform of hight education, another student's strike is expected this coming tuesday, supported again, by the senior and junior university staff organizations.
This brings up a few interesting legal questions, and I'd like to have some clarifications on the subject.
First, can we even call what the students are doing as a strike?
A strike, as far as I know, is defined as an action taken by workers against their employer. In this case, the students aren't employed by the university. This is not a strike. It is, at best, a weird situation of clients boycotting a service supplier, after having already paid for the service (kinda stupid, huh?).
If it isn't a strike, we can say that the students have decided not to attend classes, and now they are asking the staff not to teach, fearing that if classes are held as usual, it will be an incentive for students to attend classes which they will be tested on at the end of the semester.
If the students aren't really "striking", can we call the staff strike a solidarity strike? A solidarity strike is a strike held by the employees of company A as an act of solidarity with the struggle of the employees of company B, even though they have nothing against their employer at company A. Since there's no students' strike, the staff's strike isn't included in this narrow definition.
Now, if the only real strike held in this case is the staff's, can it be legaly justified? The staff has no dispute with the university, so they have no reason to strike.
Is there anything students can do to prevent this absurd strike?
By the way, according to the press, the students' strike is supported by the staff and coordinated with the staff union. A staff's strike isn't mentioned anywhere. Is the staff allowed not to teach without declaring an official strike? How can the university authorities deal with this?
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