Beach workers strike or interruption of public service? Whoever blocked the activity must clarify two things…
The strike is a right enshrined in the Constitution, in Article 40. Not only “freedom” to strike, but also “right” of the subordinate worker to abstain from work without thereby becoming in breach of contract and as such liable to civil sanctions resulting from breach of contract. When the activity is interrupted or suspended by the employer, it is not a strike, but a lockout. The term is now almost obsolete. In the past, there has been discussion about whether a “lockout” can be considered a crime. The fact that the Constitution indicates the right to strike and does not speak at all of a lockout does not mean that it is a crime. But the fact that a lockout is not a crime does not mean that it is, necessarily, legitimate behavior under all aspects. From a contractual and civil perspective, in fact, the lockout is a civil offence.because it constitutes a violation of the duties and obligations arising from the employment contract. By signing the employment contract, in fact, the parties assume mutual commitments. The worker must go to work and the company must pay the salary. And in the lockout the salary is not paid, since the work activity cannot be carried out.
There has been much talk and talk about the “strike” of beach workers in Italy, but what was it about? Many have focused on the adhesion to the initiative: the percentage of “strikers” has a meaning for those who promoted the initiative. But for those who suffered it, what was it about? A series of public concessionaires – such are the owners of the beach concessions – interrupted the service for two hours, preventing their customers from using the services proposed, offered and paid for. At the end of the season will they be “discounted” at the time of the final payment?
It is not known whether the business owners paid their employees or not. – in this case it would be, as we said, a lockout – for those two hours of “missed service”. But it certainly was not an initiative of the workers, so it is certainly not a strike. The conflict is between concessionaires and the Government.
The protest was promoted because the Government has not yet provided answers on the issue of maritime state concessions. The Meloni government has extended all beach concessions expiring on December 31, 2023 until the end of 2024, so as not to apply the Bolkestein directive, but the Council of State, with several rulings, has declared this solution for beaches illegitimate. The European directive, which Italy has not yet implemented, requires that state concessions be assigned through transparent and competitive tender procedures. The Council of State has established that concessions that expired at the end of 2023 are no longer valid and that therefore the Municipalities must organize themselves to start new tenders to assign them.
But does a concessionaire have the right to refrain from providing the services to which he committed himself at the time of the concession? So it certainly wasn’t a strike (the work stoppage was called by the employers), perhaps a lockout, but above all it was an interruption of public service? The issue does not seem trivial. And it fits into that pantomime that sees Italy firmly determined not to feel in Europe, especially when it comes to liberalization and the market. All the governments have procrastinated, now it’s the turn of the Meloni Government that in words declares itself constantly oriented towards the market, merit, competition and competition. Except when some corporation raises its voice too much. It applies to taxi drivers, it applies to beach concessionaires, who are granted a limbo that is embraced as a right.
The interruption of a public service, if it is not the result of the right to strike (an exercise practicable by employees), should be unacceptable. Whether it concerns taxi drivers or beach workers. With the aggravating circumstance that the beach businesses that blocked their activity for two hours should clarify two things: Will they pay their employees’ wages? Will they give their customers a discount?
#Beach #workers #strike #interruption #public #service #blocked #activity #clarify #things..