Secondary action

A solidarity strike, also known as support or sympathy strike, is a special form of the strike. Its special feature is that the workers are not directly affected by the substantive discussion of the main labor dispute. The aim of the solidarity strikers is, through their strike to increase the impact strength of the union involved in the primary action.

By judgment of 5 March 1985, the Federal Labour Court (BAG ) expressed for the first time explicitly on the legal nature of solidarity strikes: Solidarity strikes are generally inadmissible unless an exception lies before. An exception was inter alia be given after the BAG, either when an economic links with the employer of the other entity is present, or the other employer has its " duty of neutrality " injured.

The BAG has the requirements for the lawfulness of support or solidarity strikes in its judgment of 19 June 2007-1 AZR 396/ 06 but in reverse because of the task of the core formula. Since then, a solidarity strike is generally permitted, except he is disproportionate.

Swell

  • Labor dispute
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