The Limited Times

Now you can see non-English news...

What you need to know about the strike - questions and answers about labor law

2020-09-29T12:41:57.291Z


First daycare centers and hospitals, now buses and trains: There are strikes in Germany. But who is allowed to strike for how long - and is there still a wage? Here are all the questions and answers.


Icon: enlarge

The Ver.di union has called for strikes - local public transport is also affected

Photo: Bernd Wüstneck / picture alliance / dpa

What is the difference between warning strike and strike? 

From a purely legal point of view, there is no difference between a warning strike and a strike.

Warning strikes first illustrate the sheer willingness to enter industrial action in order to achieve better working and employment conditions.

The warning strike is a kind of warning shot.

The main purpose of strikes is to implement certain tariff adjustments.

In the case of a warning strike, work is only halted very briefly before a strike vote has even taken place.

In the strike vote, the union members secretly vote on whether there will be a labor dispute.

At least 75 percent of the union members have to vote for a stoppage of work, so that an employer in a branch or a company can be on strike.

A strike vote and thus also a strike can only be decided and carried out after the peace obligation has expired and collective bargaining has failed.

The peace obligation states that the union is not entitled to go on strike during a collective agreement that has not been terminated.  

more on the subject

  • Warning strikes on Tuesday: many commuters will take longer

  • Warning strikes: County council has massive criticism of the Ver.di course

  • Union officials threaten warning strikes: The Corona-Maulhelden von Ver.diA column by Alexander Neubacher

A "real" strike, also known as a forced strike, is no longer a warning shot, work is stopped for a long time.

The strike vote has already taken place here.

"In practice, the warning strike has gained significantly in importance in recent years," says the Düsseldorf specialist lawyer for labor law, Jens Niehl.

However, the legal requirements for a warning strike and a strike are identical.

On the other hand, you shouldn't just go on a wildcat strike.

The union must call for warning strikes and strikes, and the industrial action must "of course be lawful," says Niehl.

If I go on strike, do I have to deregister from my employer?

No, work duties are suspended during a strike, at least for most of the employees.

However, if you are in a particularly responsible position and operations come to a standstill without you, the situation may be different.

"Key holders should clarify beforehand with their superiors whether and to whom they should give the key, for example, before they go on strike," says Niehl.

You can also ask the strike leadership if you are unsure.

The union is responsible for the legality of the strike and any maintenance work that may be required.

The union also determines where to meet - whether at a demo or in a strike bar.

Can I only strike if I am a union member?

Any worker can go on strike;

regardless of whether you are a union member or not.

"Strikes are not a privilege of the organized," says Niehl.

If you are not part of the union, you will not receive any strike pay during the work stoppage.

Officials are not allowed to strike as employees of the state.

Do I still get money during a strike?

No, you will not receive any salary or wages while you are out of work.

If you are organized in a union, however, you will receive strike money.

The amount is based on the contribution you, as a union member, paid three months before the start of a labor dispute.

The strike fee is calculated according to the formula: monthly fee x 2.5.

Example: If you pay a union fee of eight euros per month, you will receive 20 euros per day during a strike.

A surcharge of 2.50 euros is paid for each child entitled to child benefit.

Can the employer remove the hours I lost due to the strike from my working time account?

No.

The employer may not offset working time from the working time account for participation in a strike without the consent of the employee.

Am I insured during a strike?

Your insurance cover, for example in health insurance, and also the insurance cover of co-insured relatives remains in effect during a strike.

How long the labor dispute lasts is not important.

However, if it is an illegal strike, the insurance obligation ends after one month at the latest.

The protection of the statutory accident insurance does not apply to striking workers.

"Employees also do not receive unemployment benefits during a strike," says Niehl.

Are trainees, temporary workers and interns also allowed to strike?

Trainees are also allowed to strike.

This also applies to interns and temporary workers.

Plus: You must not be obliged to do strike breaker work, i.e. the work of other strikers.

Can I take leave for a strike? 

You must apply for the leave as you know it and must be approved by the employer.

If the employer knows that a strike is imminent, he will hardly give employees any leave.

Vacation that the employer has already approved can no longer be withdrawn.

If you want to take vacation during a strike, you must make it clear to the boss that you do not want to take part in the strike.

What if my boss tells me I have to work and I can't go on strike?

"Your superiors are not allowed to do that," says Niehl, "otherwise the employer could prevent any form of strike."

The industrial action must always be lawful and therefore proportionate.

The union, which is allowed to call for a strike, will decide whether this is the case.

On the other hand, you as an employee will hardly be able to assess whether the strike is overshooting the target, i.e. whether it is disproportionate.

What if I'm late at work because of the strike?

Even if buses and trains run irregularly because of the strike, employees have to be on time at work.

If not, there is a risk of salary cuts or even warnings.

This applies in particular to announced strikes, when workers have been able to adjust to the strike situation.

"Strikes are not a privilege of the organized"

Jens Niehl, specialist lawyer for labor law from Düsseldorf

"You should therefore look for alternatives at short notice," recommends Niehl.

If, because of the strike, you simply have no chance of showing up on time or at all for work, you should inform your employer early on.

Those who simply cannot come on time cannot be effectively warned.

Can I take sick leave for a strike?

No.

Either you are unable to work or you are not.

If someone goes on strike and falls ill, they are only entitled to continued payment of wages if they return to work immediately after the illness.

If he continues on strike, there is no continued payment of wages: The case law then assumes that he would have continued on strike without illness.

The prerequisite for the entitlement to continued remuneration is that the inability to work is the sole cause of the employee being unable to perform the work.

However, if someone is already ill at the start of the strike, it can generally not be assumed that they would have participated in the strike without illness.

The entitlement to continued remuneration then remains.

Icon: The mirror

Source: spiegel

All business articles on 2020-09-29

You may like

Trends 24h

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.