The Verdi and EVG unions have called for a nationwide strike on Monday.
(Photo: dpa)
Düsseldorf Germany is likely to stand still in large parts next Monday. The unions Verdi and EVG have announced a nationwide warning strike for public transport and certain motorways. The railway and transport union (EVG) wants to strike buses and trains in long-distance and local transport completely. Passenger traffic at the airports and inland waterways are also largely canceled.
The announced major strike unsettles the public: millions of travelers and commuters are wondering what to expect. There is a risk of cancellations and delays. What alternatives are there? Is staying at home an option? And do rail customers get their money back? The Handelsblatt answers the most important questions.
Can I stay at home during a strike?
No, strikes are considered “force majeure”, but there is an obligation to work. Employees must show up for work on time. “The so-called travel risk is always borne by the employee, whether there is a strike or not,” says lawyer Nathalie Oberthür. A strike is not an unforeseen event. As a rule, it is announced in good time, i.e. the day before or even earlier.
Employees must inform the employer immediately that they are unavoidably late or not at all due to a strike. According to the labor lawyers at Bund-Verlag, if an employee fails to do this, they even risk a warning in individual cases if strikes are announced. If you are late for work, your employer can also reduce your wages. Or the employee has to make up the lost time.
What alternative means of transport are there?
If public transport is on strike, employees have to switch to other means of transport or drive. An alternative to buses and trains are car sharing and carpooling. Commuters can organize themselves via the following websites:
Those affected by the strike can also ride a bicycle or e-bike if the distance is not too great. “If necessary, employees have to take a taxi at their own expense, which is also reasonable,” says attorney Oberthür. However, employers usually do not bear the extra costs for the journey to the workplace.
Am I entitled to a home office?
If there is no alternative to public transport, employees can switch to home office on strike days. However, the employer must agree to this. Because there is no legal entitlement to a home office.
Alternatively, those affected can apply for vacation days or work overtime. Here, too, consultation with the supervisor is crucial.
What happens to my ticket if the train goes on strike?
Train passengers have a right to compensation in the event of a railway strike. The railway has to reimburse part or all of the fare. According to the consumer advice center, this applies when train passengers arrive too late or not at all. Deutsche Bahn and private railway companies offer a form for this. The Deutsche Bahn application can be downloaded here.
Travelers can also claim compensation online for tickets purchased digitally. For Deutsche Bahn tickets, this is possible directly in the DB Navigator app.
Who pays for the flight cancellation in the event of a strike?
Travelers are entitled to compensation if a flight is cancelled. According to the consumer advice center, you can request a replacement flight or a refund of the fare.
The airline then has to pay back the fare within seven days. It may only refund the money with a travel voucher if the passenger gives their written consent.
Package tours: Who pays in the event of cancellation?
Package tour operators are also responsible for costs incurred by travelers due to delays and flight cancellations during strikes. According to the consumer center, this can be food, accommodation, taxi rides and telephone calls. Travelers should contact their tour operator for this.
In the event of delays, travelers can also reduce the travel price. The consumer advocates recommend that you inform the organizer of the delay as soon as possible. The daily trip price can be reduced by five percent for each additional hour from a delay of five hours, up to a maximum of 20 percent.
Can you be forced to go on strike?
No, according to the Basic Law, all citizens have the right to go on strike. However, there is no obligation to go on strike in Germany. Every worker is free to choose whether to respond to a union call to strike or to go to work. However, an affected employer may react to strikes with a lockout and close down operations for all employees.
When can an employee go on strike?
Anyone can take part in a strike, even if they are not members of a trade union. In Germany, anyone who goes on strike is making use of a fundamental right. According to Verdi, it is crucial that a trade union organizes the strike and that your own company is on strike.
Is a strike a reason for dismissal?
Strike participants are generally protected from dismissal. If the strike is registered by a trade union, employers are not allowed to discipline the strikers with warnings and dismissals. The obligation to perform the work does not apply to them. According to the Confederation of German Trade Unions (DGB), a warning or even dismissal is ineffective.
This also applies if the employer gives notice of termination after the end of the strike because of participation in the strike. According to the DGB, these are also ineffective.
Are strikes included in working hours?
No, lawful strikers are exempt from contractual obligations. According to the DGB, this applies both to work performance and to de-registration from work. An obligation to deregister because of a strike would therefore mean a psychological hurdle that would be incompatible with the importance of the right to strike as a fundamental right. In addition, strikers do not have to make up missed hours. According to the DGB, this applies in particular to flextime.
Who gets strike pay?
As a rule, strikers do not receive any money for the lost working hours. Neither from the employer nor from the Federal Employment Agency. However, trade unions often pay compensation to members. For example, Verdi members receive strike pay in the event of a work stoppage, as well as in the event of a lockout from the workplace.
According to the EVG, members only pay strike money for so-called enforcement strikes, but not for warning strikes like on Monday.
How much strike money do Verdi and EVG pay?
Verdi pays striking members variable strike pay. Verdi calculates the amount based on the average union fee paid in the last three months and on the basis of current income.
For each full working day for which the employee does not receive a wage or salary because of the strike, Verdi pays the monthly contribution multiplied by a variable hourly factor. Verdi calculates 2.5 times the monthly fee for memberships lasting more than twelve months, and 2.2 times the monthly fee for memberships lasting less than a year.
For every child entitled to child benefit, Verdi gives an additional 2.50 euros per working day. Verdi also pays strike pay to part-time employees if they are assigned to work on the day of the strike. Likewise with the EVG, the amount of the strike fee depends on the membership fees paid.
More: Comment: The strike action is legal but not legitimate