Sick-out
A sick-out is an atypical means of industrial action by employees who are prohibited from strikes , especially in the public sector .
The sick-out is based on the consideration that a civil servant is subject to an obligation to maintain health. Since the officer is subject to this duty, he cannot be punished if he has any doubts about his health to be examined by a doctor . The officer logs off with his supervisor with nausea while on duty and goes to the doctor. During the subsequent examination, the doctor does not find any illness, the officer now returns to duty and reports back to his superior as healthy.
The aim of the sick-out is the planned and organized disruption of regular service processes through constant and repeated visits to doctors. Such behavior therefore violates the civil servant's special duty of loyalty to his employer. The Federal Court of Justice declared the sick-out of air traffic controllers to be immoral in 1978 .
Another means of industrial action for civil servants is service according to regulations .
Web links
- Britta Rehder , Olaf Deinert, Raphaël Callsen, Thomas Dieterich : Freedom of industrial action and atypical forms of industrial disputes - For the evaluation of atypical forms of industrial action under industrial action law and the constitutional and international legal limits of legal training at the Hugo Sinzheimer Institute (no year)
Individual evidence
- ^ Sick-out duden.de
- ↑ OVG NRW, judgment of March 7, 2012 - 3d A 317 / 11.O
- ↑ The fun of having people on the curb Der Spiegel , 28/1973 of July 9, 1973
- ↑ BGH, judgment of January 31, 1978 - VI ZR 32/77 ( Memento of January 19, 2005 in the Internet Archive ) AP No. 61 to Art. 9 GG labor dispute
