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a.merkel
a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 2253
Experience:  1.+ 2. Staatsexamen; LL.M.(Master of Law)
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Can you please answer the below question , I have a case study

This answer was rated:

Can you please answer the below question , I have a case study to work on for my project

Is a worker’s in right to strike a fundamental right which is guaranteed in the German Constitution?
(b) What does the Federal Labor Court and the Constitutional Court in Germany say about a worker’s right to strike?
(c) Does a strike in Germany have to meet any legal requirements or procedures in order to be legal?

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.

http://www.gesetze-im-internet.de/gg/art_9.html

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.

actuell:

Federal Labor Court: 20.11.2012 - 1 AZR 611/11

absolute ban of strikes for Church employees is not permitted

funny:

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!

Best regards,

Anja Merkel, LL.M.

Attorney

Customer: replied 4 years ago.


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


 

The given link leads to the Art. 9 GG (German Constitution).

I found an translate version here:
http://www.iuscomp.org/gla/statutes/GG.htm#9
Customer: replied 4 years ago.


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


 

There are no legal rules about when a strike is lawful. The case-law developed some requirements in the course of time, however, are to provide a lawful industrial dispute.

In addition to the mentioned in Q 2:

Federal Labor Court, 28.01.1955, GS 1/54, Principles for the legal assessment of a strike
a.merkel and other German Law Specialists are ready to help you

I would very much appreciate getting positive feedback


Thank you

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