First of all: No one can be held personally responsible for his work stoppage and its consequences. If you follow the demands of the strike committee, you cannot be accused of violating your contractual obligations. Liability for acts ordered by the strike committee lies solely with the calling union. However, a strike is only allowed if it is called by a trade union and if it pursues the objectives communicated by the strike leader. All strike actions must be aimed at precisely these strike targets.
Strike is a fundamental right and the lawful means of enforcing collective bargaining. This applies to warning strikes as well as to the full strike. (Warning strikes are of shorter duration and possible without a
Every colleague may take part in a strike within the framework of a union strike call - regardless of whether they are unionised or not. The employer must not prevent this. Disadvantages due to strike participation are not allowed - trade union members receive legal protection..
Freelancers may strike!
The often heard assertion that only salaried colleagues are likely to go on strike is incorrect. So:
1) You are divided into a shift on the day of the strike.
Then of course you can (and should) join the strike of your colleagues and stop working.
2) You're not on a shift that day. Then you should not be available if the company tries to use you as a strikebreaker*.
Measures by the employer for participating in the strike are forbidden!
Participation in a lawful strike does not constitute a violation of the employment contract. Employers' claims to the contrary are supposed to be intimidating. If a superior threatens you with consequences, inform your contact person at the union, so that disadvantages can be documented concretely and verifiably.
In order to prevent the employer from retrospectively trying to discipline employees inside for their strike participation (notice, non-extension of limited contracts, warnings, restriction and termination of freelancers), we have the possibility as a trade union to negotiate a measure clause in the fought collective agreement to guard freelancers and regular employees.
You don't have to work during the strike! However, there is no right to a wage / fee for the duration of the strike. Trade union members can get strike support from their union (in the case of prolonged strikes).
Trainees are allowed to strike! Even if employers repeatedly claim the opposite, the employer cannot expect trainees to behave in a non-solidaristic manner during strikes; participation in strikes does not endanger the purpose of training.
No one can be forced to break the strike! Strikebreaking work can be denied. This is not an unjustified refusal to work. Also, in the event of a strike, your superiors may not unilaterally order so-called "emergency service work". Emergency work is only permitted with the agreement of the union strike committee. Overtime orders in connection with participation in the strike are illegal. There is no obligation to rework the hours lost as a result of the strike.
The end of the strike will be decided by the strike committee, not by the employer!
Information on working time recording
If ver.di has called for a strike and the workers* join the strike call, the duty to work is automatically suspended for the duration of the strike. Insofar as a company on strike has legally effective regulations regarding the employees' obligation to behave and to deregister when leaving the workplace or the company, these do not apply to strikes!
Do I have to deregister with my boss or enter my name in the employer's strike lists?
Such obligations do not legally exist. An obligation to deregister with the employer would also be incompatible with the effective exercise of the right to strike, since the decision of the employees to participate in the strike would be made more difficult by additional psychological pressure.
Payroll accounting for hours worked
During and after a strike, the employer is free to control and record the absences of striking workers for accounting purposes. After the end of a strike, the employer may, if necessary, request clarification from the employee for accounting purposes regarding his participation in the strike and the time period of the strike.
In collective bargaining disputes, employers often use certain methods to build up pressure. Employees should not be discouraged by these methods to stand up for their demands. If you have any questions about the rights of members on strike, ver.di will be happy to advise you at any time. And of course, members of ver.di receive strike pay for lost wages!