Limitations on the right to strike in Chile: essential services, replacement workers and the minimum services in the context of labor reform

Abstract

The right to strike is a fundamental right. The purpose is to ensure that there is sufficient protection for organizations that want to organize, especially with the possibility that eventually workers can negotiate on equal conditions with their employers. However, like any right recognized in law, it should merge and interact in the legal system with various rights, since in a pluralistic and democratic systems, limited rights do not exist. Thus, the right to strike is subject to limits and restrictions, these limits & restrictions can take affect only before extraordinary and authorized situations. For example in a serious national crisis or in the case of public service or essential services, in the strict sense term, limits can occur.