Germany: the Federal Labour Court allowed appealing to strike for social plans’ renegotiations

In the event of a company closure or of a relocation, German law plans the negotiation of a redundancy scheme between the management and the WC. Appeal to strike is then forbidden. For a little while, unions have nonetheless been infringing this rule, claiming that negotiating the social plan is also within their attribution. The court's decision could cost a lot to companies. (Ref. 070378)
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

The case judged by the Federal Labour Court (Bundesarbeitsgericht – BAG) concerned a conflict opposing the IG-Metall to Heidelberger Druckmaschine GmbH, German leader of the off-set printing, which had decided in 2003 to close his Kiel (northern Germany) factory with a redundancy plan which respected the legal minimum. IG-Metall had then launched a five-week strike and put forward high claims: a 3 months’ notice, plus an extra two months for every year in the company; a two-year retraining plan

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
United Kingdom largely retained within scope of EWCs despite Brexit, study shows
A study published this month by the Institute for Economic and Social Research, the French trade union research organisation, examined how the involvement of British representatives in European...
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
Luxembourg: two pension reform bills submitted to parliament
After lengthy negotiations with the social partners, in mid-October the Luxembourg government submitted two bills to parliament aimed at reforming the pension system to ensure its long-term...
Germany: pensioners in work already common practice, study shows
As the German government steps up measures to encourage people to stay in work beyond the legal retirement age, a new study by the Institute of Economic and Social Research (WSI) – an independent...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Germany: pensioners in work already common practice, study shows
As the German government steps up measures to encourage people to stay in work beyond the legal retirement age, a new study by the Institute of Economic and Social Research (WSI) – an independent...
2
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
3
France: social conference on labour and pensions to proceed without main employers’ group
The preparatory meeting ahead of the social conference on labour and pensions, which is set to decide on the pension system model and the funding thereof, was held on 4 November at France's labour...
4
Luxembourg: two pension reform bills submitted to parliament
After lengthy negotiations with the social partners, in mid-October the Luxembourg government submitted two bills to parliament aimed at reforming the pension system to ensure its long-term...
5
Candice Guillot (Talan): “Our recruiters save just over 80 hours per year on administrative tasks thanks to AI”
Candice Guillot, group director of employee experience and HR performance at Talan (7,000 employees), outlines for mind RH her vision and strategy for introducing artificial intelligence at the...