法律问题: 资方裁掉罢工工人是否合法?

[南极找南难]

资方裁掉罢工工人是否合法? (一般性问题, 与渥村死机罢工无关)

我问的问题是: 在罢工期间, 劳资纠纷没有达成协议之前, 资方裁掉罢工工人是否合法?
(劳资双方达成协议之后, 资方慢慢地报复性裁掉工人的情况除外)

 

[OrangeJuice]

If you can't go to work because of OC Transpo strike, you can get fired or laid off by your employer. Your employer does not need to give you severance package because you didn't show up to work.

 

[Teddy]

资方裁掉罢工工人->合法!

1) People have right to work or not to work;
2) Employer has right to terminate employment if employee elects not to work.

 

[ottawayan]

You need to study Canadian law not Chinese law. Do not think that simple.

 

[oureal]

City完全合法去招聘 REPLACEMENT WORKERS！UNION的MEMBER 愿意罢工就继续罢去吧！
Replacement OC Transpo Workers 'Legal': City

Josh Pringle
Thursday, January 8, 2009
The City of Ottawa continues to explore different scenarios incase striking OC Transpo workers reject the city's contract offer.
Drivers, dispatchers and mechanics with the Amalgamated Transit Union will vote today on the contract offer.
Councillor Jan Harder told CFRA's Afternoon Edition with Rob Snow City Council will make decisions on contingency plans during a meeting next Wednesday if the Amalgamated Transit Union votes "no."
Harder says the fastest way to get buses rolling quickly is the union accepting the contract offer.
City Council has held several meetings in private to discuss the strike, and Harder says all options have been looked at.
In a memo to City Councillors, City Manager Kent Kirkpatrick said the use of replacement workers is a legal action, as long as it's taken with the goal of maintaining operations and not breaking the union.
Harder wouldn't disclose what options City Council has discussed, but did say the use of replacement workers has been discussed – along with other options.
Mayor Larry O'Brien tells the Ottawa Sun the city could try to identify members who voted to accept the offer and entice them to return to work.

 

[ccc]

The law makers could pass a legislation if they wanted to make doing something legal.

OR the government could look for legal grounds to do anything.

 

[Teddy]

I just feel the opposite

Laws here are much clearer and simpler than in China... The major problem is that the City doesn't have a back-up and the incurring issue is so critical to public...

You need to study Canadian law not Chinese law. Do not think that simple.

 

[大宋人]

City完全合法去招聘 REPLACEMENT WORKERS！UNION的MEMBER 愿意罢工就继续罢去吧！
Replacement OC Transpo Workers 'Legal': City

Josh Pringle
Thursday, January 8, 2009
The City of Ottawa continues to explore different scenarios incase striking OC Transpo workers reject the city's contract offer.
Drivers, dispatchers and mechanics with the Amalgamated Transit Union will vote today on the contract offer.
Councillor Jan Harder told CFRA's Afternoon Edition with Rob Snow City Council will make decisions on contingency plans during a meeting next Wednesday if the Amalgamated Transit Union votes "no."
Harder says the fastest way to get buses rolling quickly is the union accepting the contract offer.
City Council has held several meetings in private to discuss the strike, and Harder says all options have been looked at.
In a memo to City Councillors, City Manager Kent Kirkpatrick said the use of replacement workers is a legal action, as long as it's taken with the goal of maintaining operations and not breaking the union.
Harder wouldn't disclose what options City Council has discussed, but did say the use of replacement workers has been discussed – along with other options.
Mayor Larry O'Brien tells the Ottawa Sun the city could try to identify members who voted to accept the offer and entice them to return to work.

市长只不过是吓唬不懂法律的公车司机，给工人施加压力罢了！

The Illegitimacy of Replacement Workers

Canada Labour Code Review - Part 1.....Chapter 9

 

[oureal]

市长只不过是吓唬不懂法律的公车司机，给工人施加压力罢了！

The Illegitimacy of Replacement Workers

Canada Labour Code Review - Part 1.....Chapter 9

劳动法律师总懂吧？
a noted Canadian labour lawyer suggests the city could move right away to hire replacement workers. "If it's not ostensibly for the purpose of busting the union, there's nothing stopping them from doing it," Howard Levitt tells CFRA's Madley in the Morning.
The labour lawyer from the firm Lang Michener adds he feels the process would be simple.
"There'd be a hiring process under the collective agreement. There would have to be openings with people who are on strike getting first crack at the jobs," says Levitt.
But he also says the move would permanently damage the bargaining power of the Amalgamated Transit Union.
Levitt suggests Ottawa could easily get an injunction against any efforts to disrupt any replacement workers.