Chapter 20 Labour Conflicts

The German legal system does not explicitly regulate rights relating to labour conflicts. As a result, these rights are predominantly developed by jurisprudence and are mainly based on the guaranteed constitutional right of coalition. Labour conflicts are an admissible tool in negotiations concerning collective bargaining agreements, particularly in order to adjust the agreement to changed operational circumstances or the general business environment. Therefore, if negotiations fail, the parties may try to achieve the conclusion of a new collective bargaining agreement by putting pressure on the other party through labour conflict. Labour conflict means that usually the employees, but sometimes also employers, are collectively and purposefully exerting pressure on the other party by disturbing the employment relationship. Most of the conflicts between employers and employees are related to salary issues or job retention. The most important instrument in a labour conflict is a strike, organised by a labour union.