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Strikes must remain an exception: demands for restrictions on the right to strike are louder

2024-03-15T11:48:01.085Z

Highlights: Strikes must remain an exception: demands for restrictions on the right to strike are louder. The right to advocate for collective agreements, more money and better working conditions arises from the Basic Law. The conditions under which strikes may take place have so far been determined by labor court decisions. Labor court suggests a notice period in the conflict between GDL and Bahn Deutsche Bahn also tried to prevent the recent GDL strike through the labor courts - most recently at the Hessian State Labor Court.



As of: March 15, 2024, 12:31 p.m

By: Max Schäfer

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More and more strikes are hitting Germany.

Will the right to strike now be restricted?

The demands are increasing.

Munich – Germany is currently experiencing a series of strikes: ground staff and flight attendants at Lufthansa went on strike, and security guards stopped work at numerous airports.

In the ongoing tariff conflict between Deutsche Bahn and GDL, rail travelers are already used to trains not running.

The strike on Tuesday, March 12th was the sixth rail strike since November.

Politicians, entrepreneurs and passenger associations are now calling for restrictions on the right to strike.

To date, the right to strike has not been regulated by law in Germany.

The right to advocate for collective agreements, more money and better working conditions arises from the Basic Law.

The conditions under which strikes may take place have so far been determined by labor court decisions.

New rules for strikes: Labor court suggests a notice period in the conflict between GDL and Bahn

Deutsche Bahn also tried to prevent the recent GDL strike through the labor courts - most recently at the Hessian State Labor Court.

Without success.

GDL boss Claus Weselsky hailed the verdict as a victory for the union.

“The verdict proves once and for all that the DB board's campaign of destruction against the GDL cannot be successful.” The railway should stop “getting a bloody nose in the courts, senselessly burning taxpayers' money and the Burning customers.”

GDL boss Weselsky sees the labor court's rulings as a success - but the presiding judge also sees options for restricting the right to strike.

(Archive photo) © Carsten Koall/dpa

But the presiding judge of the Hessian State Labor Court, Michael Horcher, also recommended arbitration for both parties.

He also alluded to the demands to legislate new rules for strikes.

The legislature “could pass a law that limits strikes in public services companies by, for example, introducing a notice period of four days,” said Horcher, according to

Tagesschau.de

.

Any possible strike law must “contain a commitment that labor disputes remain the exception” – according to the BDA

The demands for legal regulations are becoming louder with the increase in strikes by GDL, UFO and Verdi.

“We need clear industrial action law, especially for the railways and comparable areas,” said Steffen Kampeter, managing director of the Federal Association of Employers’ Associations (BDA), on Friday, March 15, to the

Rheinische Post

.

The labor courts' justifications pointed to politics.

“Such a statutory right to industrial action includes a clear commitment from the legislature that industrial disputes must remain the exception,” said Kampeter.

According to the BDA managing director, other options for restricting strikes include statutory arbitration rules and notice periods, “which give the affected companies the opportunity to guarantee a minimum of reliability for customers”.

After the GDL and Verdi strikes, Wirtschaftsweise mentions arbitration proceedings as an option

Kampeter receives support from the economist Veronika Grimm.

“The right to strike enjoys a high level of protection and that is a good thing.

But if the strikes increasingly put a strain on competitiveness, it is of course possible that the legislature will intervene and adjust the regulations,” Grimm told the

Rheinische Post

.

She also mentions mandatory arbitration before an industrial dispute as an option.

Due to the debate about restrictions on the right to strike, Grimm expects Verdi and GDL to give in.

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There are also demands from the opposition, at least the right to strike in the area of ​​critical infrastructure.

Markus Söder accused the GDL of “abusing” the right to strike.

The legal policy spokesman for the Union parliamentary group in the Bundestag, Günter Krings, is calling on the

editorial network Germany

for a strike law with a mandatory lead time.

According to the CDU politician, the law includes “measures for proportionality and the necessary lead times for a strike in public services and critical infrastructure”.

The federal government does not want to get involved in ongoing collective bargaining disputes, but leaves room for action

CDU parliamentary group vice-president Jens Spahn sees Olaf Scholz as responsible for the conflict between the railways and the GDL.

The Chancellor can no longer allow “this strike madness to paralyze our country.” The federal government rejects this.

“We generally do not interfere in collective bargaining,” said government spokesman Steffen Hebestreit.

However, Transport Minister Volker Wissing explained that politicians wanted to address the issue.

“Once this collective bargaining conflict has been resolved, it must be examined whether we need a change or not,” said the FDP politician.

(Max Schäfer with agencies)

Source: merkur

All news articles on 2024-03-15

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