Sect. 65.  Refusal to do strikers' work.  An employee or a number of employees in concert may refuse to do any work normally done by an employee or employees who are on strike in conformity with this Act, unless such work must be done to prevent an actual danger to life, health or personal safety.

Sect. 66.  Right to return to work after strike action.

(1) If an employee, who has participated in a strike in conformity with this Act or who has been locked out by his or her employer, presents himself or herself for work not more than two working days after the end of the strike or lock out, the employer shall, within a reasonable period, reinstate such employee in the employment which he or she held immediately prior to the strike or lock-out, unless material changes to the employer's operations have resulted in the abolition of such employment.

(2) Nothing contained in this section shall absolve an employer from ensuring that any termination of employment satisfies the requirement of Part IX of the Employment Act 1999.

[Grenada, Labour Relations Act 1999]

 

Section 50. Right to return to employment. 

(1) If an employee who has participated in a strike in conformity with this Act or who has been locked out by his or her employer, presents himself or herself for work after the end of the strike or lockout, the employer shall, within a reasonable period, reinstate such employee in the employment that he or she held immediately prior to the strike or lockout, unless material changes to the employers' operations have resulted in the abolition of such employment.

(2) Nothing in this section exempts an employer from ensuring that any termination of employment satisfies the requirements of the Employment Act.

Section 51.  Temporary replacement labour. 

(1) An employer may not employ a person to perform the work of an employee participating in a strike or who is locked out, unless such work is necessary to maintain minimum maintenance services.

(2) For the purposes of subsection (1), where minimum maintenance services are not defined in the collective agreement between the parties, they shall be those services the interruption of which would result in material damage to a working area or machinery.

Section 52.   Refusal to do strikers' work.  An employee has the right to refuse to do any work normally done by an employee or employees who are on strike or locked out, except in the case of an essential service.

[Malawi,  Labour Relations Act, 1996]

 

Sect. 82. 1(6). Subject to the provisions of section 82.16 of the present Code, a strike shall not breach the contract of employment, except in the case of grave fault attributable to the worker.

(…)

Sect. 82. 16. All strikes shall be prohibited before the completion of the conciliation procedure and the period of six working days following the notification to the parties of the report of non-conciliation, before the completion of the arbitration procedure envisaged in sections 3 and 5 or in violation of the provisions of a conciliation agreement, arbitration award or recommendation which has acquired executory force.

Strikes which are initiated or continued in violation of the present provisions may result for the workers concerned in the loss of the right to pay during the notice period and damages for breach of contract.

[Côte d'Ivoire, Labour Code, 1995]

 

Section L620. 1(2). All employees shall have the right to strike under the conditions and in accordance with the procedures set out in the first section of this chapter. They may not be dismissed for engaging in strike action except for grave fault.

[Niger,  Labour Code, 1996]

 

Section 411. A legal strike does not put and end to a work contract. It only puts its application into suspension as described in section 408.
After the strike has ended work shall be taken up again according to section 59.

[Dominican Republic, Labour Code, 1992]

 

Section 535. A strike, unless under legal exceptions, suspends the individual work contracts of all workers of the companies involved.
The employer cannot replace those whose individual work contracts are suspended.

Section 537. Once the strike agreement has been notified, workers may not be laid off, or suffer a downgrading of their work conditions, or transferred to other establishments of the same company without just cause. Previously accepted by the appropriate judge.

[El Salvador, Labour Code, 1972 (Amended by Decree 859 (1994))]