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Participation in an independent strike is not a reason for termination! — site

About the significant battle of the gorilla drivers Red flag news reported several times about the judgment quoted here on April 9, 2022.

However, the 19th chamber came to the opposite conclusion with a judgment dated March 7, 2022 in the case of the dismissal of another gorilla colleague. She upheld his action for protection against dismissal with the interesting justification: “… it should be pointed out that the right to strike is not codified and therefore the propagated necessity for a strike to be organized by a trade union has no legal basis either. (—) Consequently, it is by no means a guaranteed right that a call for a wildcat strike constitutes a violation of contractual obligations. The question of whether participation in this constitutes a reason for dismissal is fundamentally different today than it was before the European Charter of Fundamental Rights came into force.

Source: Attorney Martin Bechert, “Dismissal due to wildcat strikes ineffective”

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