依勞動學理，勞動三權係指團結權(right to organize)、團體協商權(right to bargain collectively)與爭議權(right or act collectively,dispute right)三權，其中團體協商權（又稱團體交涉權）乃勞動三權之中心。過去受到特別權力關係學說的影響，強調公務員義務的絕對性，自然無法以保障公務員權益為出發點，甚至無法接受公務員擁有罷工權以及和政府協商談判的公務人員協會，因此公務員在憲法上集會結社的自由權利受到相當大的抑制。西德學者在1950年代對特別權力關係的理論展開批判，認為公務員也是國民，亦應適用憲法對基本人權的保障。各國立法例也逐漸放棄特別權力關係相關規範。但公務員之職業屬性不同於企業勞工，執行職務時攸關國家安全及社會公共利益甚鉅，因此在大部分國家皆具備勞動三權中的團結權與部分協商權，對於爭議權（罷工權）的行使大多採取保留的態度。英法德三國均保障公務員行使勞動三權中的團結權與部分協商權，至於爭議權部分，僅法國於其他國家公務員法第十條明定，公務員得依有關法律規定之範圍行使罷工權之外，英國對公務員之爭議權或罷工權，法律上雖未明文禁止，但依救令，參加爭議行為者，應受懲戒處分；德國聯邦法律未明文禁止公務員罷工，但共於公務員有關忠車及服勤義務之規定，仍可導衍出公務員不得罷工、怠工之結果。

According to labor theory, the three labor rights are right to organize, right to bargain collectively and dispute right; where the right to bargain collectively is the center among the three rights. Due to the influence of theory on special power relationship in the past, the absoluteness of public official's duty is emphasized and hence the impossibility of starting from protection on public official's rights. The public officials cannot even have the right to strike and an association to coordinate and negotiate with the government; thus their rights of freedom to gather for meeting and form an association under the Constitution are significantly repressed. During the 50's, scholars in West Germany started criticizing on the theory of special power relationship. They considered the public officials were also civilians and therefore entitled to protection from the Constitution to basic human right; where the legislation in each country have gradually given up the relevant regulations on special power relationship. However, the nature of occupation for public officials is different from workers in the company since their execution critically relate to national security and public interest of the society. In view of this most countries have the right to organize and partial right to bargain; but they are rather reserved towards the execution of dispute right (right to strike). UK, France and Germany all protect their public officials to carry out the right to organize and partial right to bargain. Regarding the dispute right, France stipulates in Clause 10 of Public Official Act that the public officials may carry out the right to strike within the scope regulated by Law. UK does not stipulate specifically under the law to prohibit dispute right or right to strike for public officials; but according to the imperial orders, all participants of the dispute shall be punished and receive disciplinary correction. The federal law of Germany does not stipulate specifically under the law to prohibit dispute right for the public officials; but based on the requirement of their duty to be loyal and serve, the result of public officials cannot strike or be idle for their work can still be derived.