Ask a German Law Question, Get an Answer ASAP!
Dear Customer, thank you for using Just Answer.
1. Is a worker’s in right to strike a fundamental right which is guaranteed in the German Constitution?
Yes, freedom of association includes also the right to strike. Art. 9 Abs.3 GG.
3. Does a strike in Germany have to meet any legal requirements or procedures in order to be legal?
Yes, in order to the freedom of association, a strike is legal, if its organized by a registered trade union and make a positive contribution to the trade union collective bargaining policy, i.e. be useful in this context.
Because strikes are leagelized by the labour law only as a means to the end of a "balanced" negotiation in collective bargaining. Strikes in principle are always prohibited, when not used as a necessary means for enforcement of (legal) collective agreements.
The strike must be a last option ("ultima ratio"). Whether this negotiation accompanying strikes are prohibited, is controversial. The case law holds strikes for warning generally right.
2. What does the Federal Labor Court and the Constitutional Court in Germany say about a worker’s right to strike?
a lot, Basisknowlegde:
The Constitutional Court has in 1979 in the participation decision ([BVerfGE 50, 290] said that Art. 9 GG a collective and work combat system is not guaranteed)
The Constitutional Court has in 1991 in the lockout decision ([BVerfGE 84, 212], said that the Constitution guaranteed a right to strike.
Federal Labor Court: 20.11.2012 - 1 AZR 611/11
absolute ban of strikes for Church employees is not permitted
Federal Labor Court: SEPTEMBER 22, 2009 - 1 AZR 972/08 Strike-related "mob action" retail is allowed, now The Federal Constitutional Court has to check the decision.
I hope I was able to help.
I am here to help you and I ONLY get paid if you rate me positively AFTER I answer you. Thank you!
Anja Merkel, LL.M.
Thank you dear ,, I really appreciate it ,,, but what is there reference to your answer ,, I mean I need an English website not a German because I will be asked for the reference
Thank you dear
last questions, where is the reference for Q, 3(Does a strike in Germany have to meet any legal requirements or procedures in order to be legal?)
is the answer included in the same link ,, if yes , can you please specify where ?
I really appreciate your support
I would very much appreciate getting positive feedback Thank you
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).