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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.
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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
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