RECOMMENDATIONS The Labour Code should allow sympathy(solidarity) strikes. Article 65 of the Labour Code(the right to strike and lockout), which regulates the procedures related to strike, should be amended and see the addition of paragraph 9 with the following wording:“the above paragraphs to a right strike[regulating legal basis for organizing strike] do not apply to strikes in support of a primary strike organized by other workers and strike action in support of employee associations’ positions concerning major social and economic policy issues which have a direct impact on their members and on employees in general. In the case of such strikes, employees’ association must notify the employer and the Minister in writing about the time, place, and type of a strike at least three calendar days before the strike.” Municipal cleaning services should be excluded from the list of critical services. Organizers of strikes declared illegal by the court should not be held criminally liable for the mere fact of organizing a strike. 2 Prohibition of Employment Discrimination 2.1 Scope of prohibition of employment discrimination, actors Legal Review Article 2(3) and Article 4(1) of the Labour Code provide a list of prohibited grounds for discrimination. In 2019, based on the government’s initiative, amendments related to the list of prohibited grounds in the Labour Code were introduced. Due to these amendments, the list of discriminatory grounds became open-ended. Within the 2020 Labour Law Reform, the ILO suggested to add some new grounds(e.g. “health status”,“employment status”) in the list of prohibited grounds, so as to reflect recent developments in discrimination laws. It also suggested to make the list itself exhaustive, to ensure its interpretation would not become too broad. However, the ILO’s suggestions were not considered, and the Labour Code still contains an open-ended list 21
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