Changing the nature of the collective actions: Sympathy strikes

One of the specific emanations of collective action is sympathy strike, also referred to as solidarity or secondary action. The nature of sympathy action differs from other collective actions, and it has been very controversial. Our point of departure in this article is Sweden where, unlike many other countries, the right to take sympathy strike action is extensive and can be used in the case of industrial conflict, compared to Türkiye where sympathy strikes are unlawful. We will examine sympathy strike from an international and comparative law perspective. We will also discuss the European Court of Justice's judgments concerning collective action, and their relationship with the European Court of Human Rights jurisprudence in the area. We argue that sympathy strikes should be evaluated in a broader context of the right to take collective action. We further argue that sympathy strikes can be beneficial when workers cannot unionize or exert pressure on employers due to their number or position. The idea of labour law as a concept of solidarity and ‘being a voice for the voiceless’ should not be underestimated in today's changing labour law landscape.