Attack Lockout

As attack lockout that is lockout referred to which the employer the labor dispute opened. It is also known as an offensive or aggressive lockout. It is precisely all lockouts that are not preceded by a strike. It can be done either by the individual employer (because of Section 2 I TVG ) or by the employers' association . The aim is either to bring about a different collective agreement or to prevent union demands.

admissibility

The legal basis of the lockout in general and therefore also the lockout for attacks lies in the collective bargaining autonomy anchored in Art. 9 III GG . This guarantees the coalitions the creation or shaping of working and economic conditions without any state influence. In order for collective bargaining autonomy to work, the parties to the collective bargaining agreement (i.e. employers or employers' associations on the one hand and the trade unions on the other) must have equally effective means of industrial action . This negotiation equilibrium is also called battle parity and is, so to speak, the neuralgic point. Both those who speak out against the permissibility of the lockout and those who argue in favor of it cite battle parity as a decisive criterion. Finally, others consider the lockout in general because of a violation of human dignity ( Art. 1 I GG ) to be unconstitutional . In everyday life, however, the lockout is less important, as it was not practiced in Germany until 2019. In the 2019 collective bargaining dispute between CineStar and the Ver.di union , however, the employers' side repeatedly used this labor dispute.