Organisation · collective bargaining · strike
Trade-union freedom and the right to strike
The proposed Constitution guarantees trade-union organisation, collective bargaining and the right to strike. Restrictions may protect serious constitutional interests only through a strictly necessary, temporary and proportionate minimum service — never by turning “essential” into a pretext for neutralising the work stoppage.
Pre-Foundation · proposed textNo presumed benefit, payment or employment relationshipConstitutional reference text · Portuguese
Today · trade-union freedom provided for
The proposal protects association, collective bargaining and the right to strike without presuming that trade unions, agreements or active disputes already exist in Candeia.
When real collective labour relations exist
Organisations, negotiations, work stoppages and appeals will depend on real facts, proper records and the applicable safeguards.
In summary
The right to strike is protected
Work stoppage forms part of the core of collective freedom at work.
Strict exception
It may protect only life, personal security, health, the immediate continuity of a constitutional function whose interruption would cause serious and irreversible harm, or an acute national crisis.
It may not render the strike ineffective
Minimum service does not authorise a general return to work or abusive replacement of strikers.
A dispute cannot be left to one party alone
A disputed definition must be capable of reaching an independent body.
How it works
Check whether there is a concrete constitutional risk linked to the interruption.
Where applicable, limit minimum service to the extent strictly necessary.
Avoid measures that turn the exception into a de facto prohibition.
A dispute over scope must have a decision or review outside the interested party.
Limits and what this page does not do
- Economic, revenue or political convenience does not justify classifying a service as essential.
- Minimum service does not permit abusive replacement of strikers or a general return to work.
- GOV does not receive strike notices, negotiate collective agreements or determine minimum service.
What this means for you
The collective right remains real even in a digital State. Where critical continuity is at stake, the response must be the least measure capable of protecting people and indispensable functions — not the elimination of the strike.