法律英语词汇“picketing”的翻译、意思、用法、释义-法律词典

单词

picketing

释义

picketing
n. Peaceful attendance by employees and their trade union representatives at or near a place of work for the purpose of persuading others to perform or refrain from engaging in work, or to exchange information, in contemplation or furtherance of a trade dispute. There is no specific legal right to picket, nor any prohibition on picketing, but there is a concept of lawful picketing in the Trade Union and Labour Relations (Consolidation) Act 1992. The right to picket is usually associated with the right to strike but the two are by no means the same. Pickets have no immunity from prosecution for committing criminal offences and they have no right to compel others to stop or to listen to the pickets’ views. However, employees and their trade union representatives picketing their own place of work in contemplation or furtherance of a trade dispute are immune from civil legal action for inducing others to break commercial or employment contracts with the employer involved in the dispute.

Pickets lose their immunity if the action is taken without being first authorized by a ballot of the members of the union involved, or if the reason for the action is that the employer is employing a person who is not a trade union member.

“Flying pickets”, who are neither employees nor trade union representatives of employees at the workplace picketed, have no immunity. The courts will grant injunctions to stop or prevent unlawful picketing.

The incorporation of the European Convention on Human Rights into the law of England and Wales (see Human Rights Act 1998) directly affects the law pertaining to picketing. Article 10 guarantees the right of freedom of expression, and Article 11 guarantees the right to freedom of peaceful assembly (see freedom of association). Since picketing is a form of public demonstration (in an industrial context), the imposition of restrictions could, on a case-by-case basis, be argued to amount to a breach of one’s Convention rights.

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