Kebijakan Mogok dari Konsil Perawat Internasional (ICN)

Strike policy

ICN Position:
The International Council of Nurses (ICN) expects nurses to have equitable
remuneration and acceptable working conditions, including a safe
environment. As employees, nurses have the right to organise, to bargain
collectively, and to take strike action1. Strike action is consideredthe measure
of last resort; to be taken only after all other possible means to conclude an
agreement have been explored and utilised. ICN defines a strike as
employees’ cessation of work or a refusal to work or to continue to work for
the purpose of compelling an employer to agree to conditions of work that
could not be achieved through negotiation.

Effective industrial action2 is compatible with being a health professional so
long as essential services are provided. The complete abandonment of ill
patients is inconsistent with the purpose and philosophy of professional nurses
and their professional organisations as reflected in ICN’s Code of Ethics for
Nurses.

During a strike a minimum essential service to the general public must be
maintained.

Other principles to be upheld include:
 The delivery of essential nursing services to a reduced patient population;
 Crisis intervention by nurses for the preservation of life;
 Ongoing nursing care to assure the survival of those unable to care for themselves;
 Nursing care required for therapeutic services without which life would be jeopardised;
 Nursing involvement necessary for urgent diagnostic procedures required to obtain information on potentially life-threatening conditions;
 Compliance with national/regional legislation as to procedure for implementation of strike action.
 Nurses’ right to take industrial action in the case of a breakdown of negotiations may only be curtailed if independent and impartial machinery such as mediation, conciliation or arbitration is established

National nurses’ associations (NNAs) are responsible social partners and
must develop training programmes that adequately prepare their
representatives, nursing leaders and nurse employees in the practice of the
various methods of negotiation as a means for resolving their employment
concerns - i.e. conciliation, arbitration, collective bargaining - as appropriate in
each country/province4. Individual nurses must provide input to their NNAs so
that policy and decision-making are relevant and consistent with the realities
encountered in daily practice.

ICN provides technical support to NNAs addressing labour issues and
encourages the International Labour Organization to positively influence
national policy in each country.

NNAs, as professional associations and/or trade unions, are affected by health
sector strike action. They must therefore develop proactive policies and
contingency processes as well as structures to guide their members’
professional attitude and behaviour in such situations. At the same time, NNAs
must be proactive and assertive to improve the nurses’ socio-economic
welfare before strike action becomes necessary. Evaluations of strike actions
(including the responsibility of main stakeholders) must be undertaken so that
lessons learned may improve future negotiations.

The ICN condemns all forms of victimisation against strike leaders when legal
procedures have been followed.

ICN and NNAs recognise the potential strength of interdisciplinary
partnerships within the health and social sectors during negotiations with
public and private employers.

ICN and NNAs oppose the deliberate use of strike breakers5, a practice that
weakens the pressure for credible social dialogue.

Background
The fundamental responsibility of the nurse is fourfold: to promote health, to
prevent illness, to restore health and to alleviate suffering6. In certain cases,
nurses may find themselves in situations where strike action is necessary to
ensure the future delivery of quality care by qualified personnel.

While social dialogue is widely recognised as the principal and most effective
means of resolving professional and workplace-related problems, frustrated
employees may take industrial action in cases where the option of
employer/employee negotiation has been unsatisfactory, unsuccessful or
refused. Where deficiencies in the quality of working life and the economic
rewards of nurses have become so serious as to affect the long-range

prospects for maintaining high standards of nursing care, nurses may choose to
take industrial action to bring about needed changes. In extreme situations,
strikes have occurred and on occasion have resulted in wide public and intraprofessional
debate.

Strike action maintaining essential services has been used successfully by
professional trade unions in the past to initiate social dialogue, improve the
quality of care provided as well as the working conditions of nurses/health
workers. A range of strike action is possible. “Selective strikes” have provided
the necessary impact to advance negotiations while generating less disruption to
patient care7. In certain cases, token strikes (e.g. one hour demonstrations) may
generate the impetus to initiate social dialogue. As an initial or complementary
measure, strike action may include the cancellation of all elective interventions, a
work-to-rule policy and/or the withdrawal of services involving non-nursing
duties, e.g. domestic, clerical, portering, catering.

The negotiation and strike process needs to be evaluated in terms of its
implementation and results, including the impact on stakeholders and social
outcomes. Support required for the parties involved in each step of the action
taken must be identified and provided (e.g. financial, emotional).

If strike action is taken, national/provincial legislation may determine the
conditions under which such measures are implemented. Essential services are
often based on evening/night shifts and weekend staffing ratios and protocols,
commonly accepted levels of service.

Adopted in 1999
Reviewed and reaffirmed in 2004
sumber ICN