What is a labor dispute

Labor dispute

Labor dispute If a collective agreement expires, new terms are negotiated between the representatives of the employers and employees. The headlines in newspapers and news programs show that this is not so easy at such times. If the collective bargaining parties cannot agree, the unions have the option of calling a strike. As a means of industrial action, employers can then respond with a lockout. In Germany, industrial action is recognized under Article 9 of the Basic Law. The labor dispute law is regulated by the law of judges. This means: There is no law for this area, only decisions by labor courts. from which the essential rules for labor disputes in the Federal Republic result.

In socialist economics: Measures to disrupt work processes in order to achieve economic and political goals.

The aim of labor disputes is primarily to improve working and living conditions (especially wage increases and reduced working hours). but also the defense of democratic rights. > Lockout. > Strike

In economic sociology: general term for collective conflict actions between the management of companies or administrations (or their supraregional interest groups) and the workers and employees (or their union or other interest groups); they are carried out openly - through strikes, factory occupations, lockouts, etc.

last, legally permissible means of enforcing or defending against collective bargaining demands. It represents a disruption of working life that emanates from the employee or employer side in order to achieve or prevent a collective agreement on wages and / or working conditions through economic pressure on the social opponent (collective bargaining). Strikes and lockouts are the most popular forms of industrial action. Both the trade unions and the employers suffer economic damage: the strike fees for the members of the trade unions are based on the contributions made, membership time and marital status; the lost sales of the company together with the still incurred fixed costs as well as possible contractual penalties for non-fulfillment of delivery contracts represent considerable financial burdens for the employer. Literature: Weigand, H./Wohlgemuth, HH, industrial action, strike and lockout in the Federal Republic of Germany, Cologne 1980.

Exercise of collective pressure by employees or employers on the social opponent to enforce a regulation of working and economic conditions (collective agreement). The most important combat measure on the part of the employees is the strike, which can occur in various forms (warning strike, focus strike, go-slow strike) and in which the collective withholding of work causes disruptions in the operational process that make it difficult or even impossible to continue operations. In contrast, the employer's most important weaponry is the lockout, by means of which a labor dispute can be started ("attack lockout") or which serves to defend against strike measures ("defensive lockout") and by which employees who are willing to work are systematically prevented from performing their work by keeping away from the business premises which at the same time leads to a loss of their entitlement to remuneration. Waging a labor dispute is part of the freedom of association (labor law) enshrined in Article 9 (3) of the Basic Law and entitles - as long as the labor dispute is lawful and the weaponry is appropriate - to conscious and targeted damage to the social opponent without being exposed to claims for damages. See also labor law (with references).

Literature: Hromadka, W .; Maschmann, F .: Labor Law, Volume 2 Collective Labor Law and Labor Disputes, 3rd Edition, Prize, U .: Labor Law Practical Textbook on Collective Labor Law, Cologne 2003.

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