Strikebreakers
Strikebreakers are workers who, contrary to a union decision, do not take part in a strike . It happens that entrepreneurs hire scabs specifically to let a strike go nowhere. Furthermore, so-called strike breaker bonuses are occasionally paid by the employer . It happens that entrepreneurs sell the orders to another company.
General
The use of strikebreakers by the employers as a means of industrial action was particularly common in the decades around 1900. It was not uncommon for local workers to be replaced by workers from neighboring countries or representatives of minorities , which led to social tensions and acts of violence: Irish strikers were imported to England, and Polish and Italian strikers to Central Europe. In the United States, black workers from the southern states were moved to the industrial north and used as strike breakers and to lower wages. This repeatedly led to race riots, for example in East St. Louis in July 1917. In the USA, strikebreakers were often escorted by armed private protection teams ( Pinkertons ) and thus shielded from the displeasure of the strikers and their relatives.
Current legal situation in Germany
No worker should be forced to be a strike breaker in the strict sense of the word, that is, he should not be forced to take over the work of striking workers. Apprentices are not allowed to be strike breakers. According to the prevailing opinion, according to Article 9, Paragraph 3 of the Basic Law, civil servants must not be used as strike breakers;
Temporary workers must that according Arbeitnehmerüberlassungsgesetz not be obliged to strike breaking. You therefore have the right to refuse to work in a company that has been on strike. Since April 1, 2017, employers have not been allowed to use temporary workers - not even indirectly - to replace workers on strike ( Section 11 (5) AÜG). Violations can result in a high fine of up to 500,000 euros. The Federal Constitutional Court ruled that this new regulation does not violate employers' fundamental rights . The burdens are weighty but justified because the legislature is pursuing goals of considerable weight. (Az. 1 BvR 842/17)
literature
- Ulrich Herbert: History of the employment of foreigners in Germany from 1880 to 1980. Seasonal workers, forced laborers, guest workers , Berlin-Bonn 1986
- MichelPerrot: Les Ouvriers en grève, France 1891- 1980 Paris 1975
- Jost W. Kramer, Robert Schediwy : Minorities. A taboo subject , pp. 98ff, Berlin 2012
Web links
Individual evidence
- ↑ SPIEGEL Economy: Federal Constitutional Court upholds the ban on contract workers as strike breakers. August 6, 2020 (accessed August 15, 2020)