In Germany, strikes are a reality in almost every sector. Recently, the Food, Beverages and Catering Union (Gewerkschaft Nahrung-Genuss-Gaststätten, or “NGG”) called a warning strike in Frankfurt am Main. Hotel businesses were particularly affected during one of the most important trade fairs of the year. However well employers may prepare operationally for such situations, legal questions regularly arise during a strike. In particular, there is often uncertainty as to which measures may lawfully be taken in the context of a strike and what options are available to employers in response.
Requirements for a Lawful Strike
Not every work stoppage is lawful in Germany. As a general rule, only strikes called by a trade union and pursuing an objective capable of being regulated by collective bargaining are permissible. So-called “wildcat strikes” or purely political work stoppages therefore fall outside the legally permissible framework. A strike begins with the formal strike notice issued by the trade union to the employer concerned. In principle, an appropriate notice period must be observed. Depending on the circumstances of the individual case, however, notice may also coincide directly with the commencement of the strike.
Limits of Permissible Strike Measures
In practice, the question quickly arises as to how far strike measures may go and where the line between permissible industrial action and unlawful conduct is drawn. While trade unions may exert effective pressure,...
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