Legal status of “unaffiliated” strikes in Germany

Abstract

The article examines some issues in determining the legal status of 'unaffiliated' strikes in Germany. The German right to strike is extremely limited. Under German case law, 'unaffiliated' or 'wild' strikes — work stoppages not involving trade unions — are prohibited in Germany. The European Social Charter allows such work stoppages, and the Committee of Experts urges the German legislator to take into account the interests of workers who have joined together to defend their collective rights and take part in a strike even without the involvement of trade unions. Through long negotiations and attempts by workers to defend their professional interests the first court decisions on the relative legality of such strikes and the revision of the precedents of the Federal Labour Court of the last century are emerging.