What is truly essential? : rethinking the right to strike and public interest in Serbia

Petrović, Mila (2025) What is truly essential? : rethinking the right to strike and public interest in Serbia. Радно и социјално право, 29 (1). pp. 131-153. ISSN 1450-5800

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Abstract

The right to strike is a fundamental right. However, like all rights, it is not absolute and may be restricted when its exercise threatens other rights that society deems essential. The concept of “essential services” reflects the idea that certain activities are of such fundamental importance that their continuous operation may, in some cases, outweigh workers’ right to withdraw their labour. The classification of services as essential varies significantly between societies, depending on their unique social, economic, and political contexts. This paper aims to examine the criteria by which a service is deemed essential within a given society and to analyze the challenges associated with applying this concept in Serbia. It concludes that the current extensive list of activities subject to minimum service obligations, as prescribed by the Law on Strike, is undoubtedly open to criticism. However, given the underdeveloped state of social dialogue in Serbia, its existence may be partially justified, as the lack of meaningful social dialogue is a distinctive feature of the Serbian context – even if the approach does not fully comply with international standards. In this regard, the legal obligation to ensure a minimum level of service in certain sectors (which clearly constitutes a restriction on the right to strike) should be balanced by negotiations between social partners regarding the scope of that minimum. Such dialogue is necessary to counter potential legislative overreach and the erosion of the right to strike. Allowing social partners to determine the level of minimum service through negotiation (without altering the legally prescribed list of essential services) may not be a perfect solution. Nevertheless, it could represent a modest step forward in strengthening social dialogue. Ultimately, success in this area depends on the willingness of social partners to recognize their roles, accept their shared responsibilities, and act accordingly.

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