Unlawful Strikes and Their Legal Consequences

Abstract

Strikes, as a form of collective labor action, are constitutionally protected in many countries and internationally recognized as a legitimate means of defending labor rights. However, such rights are not absolute. This article examines the concept and legal implications of unlawful strikes in the context of the legal system of Uzbekistan. While the Labor Code of Uzbekistan provides for the resolution of collective labor disputes, current legislative frameworks are lacking clear definitions and procedures concerning unlawful strikes. Drawing upon international legal instruments such as ILO Convention No. 87 and comparative legislation, this paper identifies the categories of labor sectors where restrictions or outright bans on strikes are imposed. It also explores the consequences of participating in or organizing unlawful strikes, including criminal liability under Uzbek law. The article concludes by proposing legal reforms to bring national legislation in line with international labor standards, while maintaining public order and the continuous operation of essential services.