2024-03-21 11:59:00
Strikes are a legal means of pressure in collective bargaining. But who is actually allowed to use this tool? And how long can a strike last? We clarify.
The most important things at a glance
If no agreement can be reached during collective bargaining, strikes often occur. Unions then call on their members to stop work. But can a strike be called so easily? What conditions must be met for this? And who pays for it all? Below we clarify the most important questions about striking.
Who is allowed to strike?
In Germany every employee has the right to strike. The only exceptions are civil servants, who are still allowed to organize into unions. Accordingly, public sector employees and workers in the health sector also have the right to stop work. The basis for this is Article 9 Paragraph 3 of the Basic Law. This guarantees the right to industrial action.
The right to form associations to protect and promote working and economic conditions is guaranteed for everyone and for all professions. Agreements that restrict or attempt to hinder this right are void; measures aimed at this are unlawful. […]
Basic Law Article 9 Paragraph 3
Can you strike without a union?
Strikes must be called by trade unions or a collective employee representation. Non-union strikes, known as wildcat strikes, are illegal. If an employee takes part in a strike called by a union, he or she may not face reprisals from the employer, regardless of whether he or she is a member of the striking union or not. The employee may not be terminated or warned. However, the employer usually cuts the salary for this period.
When is it allowed to strike?
As long as a collective agreement exists, there is a peace obligation until the last day of its validity. During this period, unions are not allowed to call for strikes. Only when the collective agreements are renegotiated will strikes be allowed. A strike should only be used as a last resort during negotiations.
After a failed first round of negotiations, a mediator is usually appointed. If no agreement can still be reached, the negotiations will go into the second round. The result from the second round will be assessed by the union members in a ballot. If 75 percent of members vote against the proposal, the union can call for a strike.
The union then decides when, where and for how long the strike will take place. When a strike is called, employees are allowed to stop work. You do not have to de-register with your employer, as this is viewed as a psychological hurdle and would therefore restrict your fundamental right.
How long can a strike last?
In principle, there is no maximum duration for strikes. As long as a strike is classified as proportionate to putting pressure on the employer, strikes may be held for as long and as often as desired. Rather, a distinction is made between different forms of strike, as different hurdles apply to them.
A warning strike is limited in time and space and does not require a strike vote within the union. A full strike, i.e. a permanent stoppage of work, requires a strike vote within the union. This also has to do with the costs of the strike.
Who pays for the strike?
As already described, the employer may not fire or warn anyone for taking part in the strike, but he may cancel the salary for this period. Members of a union therefore receive strike pay from the union during the strike. Each union determines the amount of strike pay itself. As a rule, it is based on the contribution payments. Striking non-union members will not be reimbursed for loss of earnings. The employer usually bears the costs for the company.
What resources does the employer have?
The employer also has weapons during a strike. He is allowed to “lock out” employees. In this case, employees are not allowed to go to work and do not receive any wages for this period. The employer may also lock out non-union members who do not strike. If the locked-out employees are members of another union, this union usually compensates for the loss of earnings with strike pay. Locked-out employees are not entitled to unemployment benefits.
The employer can attempt to divide the workforce through lockouts. However, this measure must also be proportionate and may only take place within the scope of the tariff to be negotiated.