Contractual liability of illegal strike organisers
From the normative perspective illegal strike organisers are, as a rule, liable for the damages caused by that strike under the tortious liability. However, they may also be held contractually liable. This liability:
– is subsidiary in nature towards the liability resulting from the Act on Resolving Collective Disputes;
– is a private law liability regulated by the civil code and not a public law liability regulated by the Act on Resolving Collective Disputes.
De lege lata, an employer is, in principle, entitled only to make a claim against the strike organisers to pay money. The employer may oblige the striking employees to work off the time of illegal strike only in nominal working time.