The Civil Liability of Workers in the Exercise of Their Right to Strike

Abstract

       This study examines the issue of the civil liability of the worker during the exercise of the right to strike, as one of the fundamental labor rights recognized by international conventions and modern legislation, and as a legitimate peaceful means for defending workers’ professional, economic, and social interests. The study aims to clarify the conceptual and legal framework of the right to strike and to analyze the legal basis of the civil liability that may arise for the worker as a result of exercising this right, in light of Libyan legislation, legal doctrine, and comparative judicial applications.

    The study is based on a central research problem concerning the extent to which a worker may incur civil liability for damages resulting from the strike or occurring during its exercise, particularly in the absence of a clear and comprehensive legislative regulation defining the boundaries between lawful and unlawful strikes under Libyan law. To address this issue, the study adopts descriptive, analytical, and comparative approaches, through an examination of relevant provisions in the Libyan Labor Law and Civil Code, alongside doctrinal opinions and selected comparative judicial precedents.

     The study concludes that although the right to strike is lawful and essential for maintaining balance in labor relations, it is not an absolute right, but rather one subject to legal restrictions aimed at preventing abuse and protecting the rights of employers and the public interest. It also demonstrates that the worker’s civil liability does not arise merely from participation in a lawful strike, but is instead based on the general rules of tort liability, requiring the existence of fault, damage, and a causal link, particularly in cases of unlawful or abusive strikes. The study ultimately emphasizes the need for legislative intervention in Libya to regulate the right to strike more clearly and effectively, in order to enhance legal certainty and ensure stability in labor relations.