Strike
All FAQs as PDF for download, in German andEnglish
The demands can be found in the current strike call.
According to the GDBA strike rules, a ballot is only held in the case of indefinite strikes. In the case of actions such as hourly work stoppages, flash mobs, delayed start of a performance, performance cancellations, public rallies, press actions and surprising further industrial action, there will be a short-term call by the central strike management. A strike ballot is not necessary for this.
Strikes are among the industrial action measures protected by the constitution under Article 9 (3) of the Basic Law. There is no general strike law, but there is case law consisting of a large number of individual decisions.
The case law of the Federal Labor Court has defined the following requirements for a strike:
- Pursuit of a collectively agreed objective through the strike
- the strike is supported by a trade union
- the strike takes place after the end of the peace period
- all possibilities of communication are exhausted (ultima ratio principle)
- the strike must be proportionate. (no escalation, e.g. to "destroy" the employer)
A declaration that negotiations have "failed" is not required (BAG 21.06.1988 -AZR 651/86). The only thing that matters here is whether the trade union comes to the conclusion that further talks are of no use at the moment and that pressure must first be built up on the other side.
The local strike management gives the workforce the sole instructions on how exactly to strike. It hands out the action vests and keeps a strike list to determine who has taken part in the strike and receives strike pay accordingly. At the end, the local strike management collects the action vests again and forwards the strike list to the GDBA.
The prerequisite for a lawful strike is an official call by the relevant trade union. It is sent to all employees, including non-members. They may also take part in the strike. As a rule, the union calls for specific measures to be taken at specific theaters.
No. A lawful strike entitles employees to stop work and they must not suffer any disadvantages as a result. Non-renewal due to participation in a strike would therefore be inadmissible. A warning may not be issued (prohibition of reprimands, Section 612a BGB). The reduction of wages by the employer is not a reprimand, as the employment relationship is suspended during the strike.
Yes, but the employer may only reduce the pay if he can prove that you actually went on strike. The employer may not demand a strike list; the employer must document which employees took part in the strike in order to deduct pay. It is therefore the employer's duty to document which employees took part in the strike. Only those who are members of the striking unions receive strike pay from their union as compensation.
Employers are entitled not to pay for striking working hours, but the GDBA pays striking members a strike allowance, also for guests who are affected by strikes, just take a look at the strike regulations.
Yes, when we call strikes, all employees are allowed to strike, regardless of whether they are members of a trade union or not. However, strike pay is only paid to members. -> Become a member.
This depends on the individual case. Apprentices and student members may strike if their own interests are affected. In practice, the employment relationships of student members are regulated very differently, so it is not advisable to take part in a strike without individual examination. As the negotiations on working hours do not affect the interests of trainees, or only marginally, they are not called to strike.
If there are existing company collective agreements at the theater and if the demands raised for the collective agreement are already fulfilled by the company collective agreement, it depends on the individual case. However, measures should never be taken without a direct strike call from the central strike management!
To put it briefly: yes. In the area of pension insurance, there may be minimal changes in the cent range (only in the case of longer strikes), which can be compensated for by voluntary payments.
Membership of the pension insurance scheme is not subject to a time limit; only if the strike lasts more than a full month will these periods not count towards the waiting period and pension increase. This can be corrected by voluntary contributions.
Health insurance: Membership remains in place during the strike (§ 192 Para. 1 No. 1 SGB V), as does long-term care insurance (§ 49, Para. 2 SGB XI)
Yes, but you won't receive any sick pay during this time.
The employer may expel strikers from the premises within the scope of his domiciliary rights. In this case, the instruction must be followed and the strike must continue outside the theater premises.
The staff and works council as a body must remain neutral with regard to industrial action; it may not support the strike as a body. However, individual members of the works staff council may exercise their trade union rights as employees, including strike action.
Works and staff council meetings can also take place during industrial action, and participants are entitled to remuneration!
Die Friedenspflicht verpflichtet die Gewerkschaften bis zum Ablauf des geltenden Tarifvertrages keine Arbeitskampfmaßnahmen durchzuführen. Arbeitsniederlegungen, aber auch „schlechte Arbeit“, wie z.B. „Bummeln“, Zuspätkommen, oder „Dienst nach Vorschrift“ sind Streiks.
The employer may deduct wages for working hours on strike and the trade union pays compensation to the striking members - strike pay. The requirements and the amount are regulated in the GDBA strike regulations. The strike pay is exempt from social security contributions.
If the use of a time recording system is ordered by the theater, this instruction also applies during a strike and must be observed. It is therefore not necessary to "clock out" for the strike, nor is the strike time "absence time" under any circumstances. Strike time is working time.
A strike is understood to be the joint, planned and temporary cessation of work by a large number of employees within a profession or company in order to achieve a common goal.
Follow the instructions of the local strike management. Do not go it alone. In general, strikers' obligation to perform is suspended for the duration of the strike, so you can also go home if the local strike management allows you to do so.
Strikes by employees without the official approval or consent of the union leadership are known as "wildcat strikes". Actions that go beyond the ordered industrial action are also considered wildcat strikes and should therefore be avoided.
A wave strike is a type ofstrike in which work stoppages take place at short notice, do not last long and are not announced to the employer in advance. (Surprise effect)
This is understood to mean a work stoppage lasting only a few hours, e.g. to accompany ongoing negotiations and exert pressure on the employer side. The same conditions apply for a warning strike as for a normal strike.
The trade unions have the right under Article 9 (3) of the Basic Law to provide information for their interests and for the purpose of recruiting members. This does not constitute a strike, even if, for example, leaflets are distributed for a short time during the service and this causes only minor disruption to operations.
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