ARTICLE · 10 JULY 2012

Illegal Strikes? Unions Have To Pay In Germany

Dentons Canada LLP

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In Germany, trade unions are only allowed to strike for wage increases after the expiration of an existing tariff agreement.

GermanyEmployment and HR

Cornelia Marquardt

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In Germany, trade unions are only allowed to strike for wage increases after the expiration of an existing tariff agreement. Also, their right to strike is limited towards companies, who are a member of the employers' association that is party to the expiring tariff agreement. As unions cannot agree on the extension or an amendment to an expiring tariff agreement with companies that are not member of the employers' association, which is a party of such tariff agreement, a strike against these companies, in context of the expiring tariff agreement, is unlawful. The same applies, if a company remained in the employers' association, but changed its status to an extraordinary membership without commitment to tariff agreements.

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