Germany: Constitutional Court approves strike ban for civil servant teachers
Published:
On 12 June 2018, the German Constitutional Court approved several decisions of lower levels of jurisdiction which disciplined a strike ban for some teachers who had followed a call for strike of one of the ETUCE Member Organisation in Germany, Gewerkschaft Erziehung und Wissenschaft, GEW. According to German Law, civil servants are not allowed to participate in a strike, irrespective of their function. GEW supported the claim of four civil servant teachers, arguing that the general strike ban for civil servants violates Article 11 of the European Convention of Human Rights. It remains to be decided if GEW is to take the cases to the European Court for Human Rights.
Recalling the principle by which when public servants are not granted the right to strike, they should enjoy sufficient guarantees to protect their interests, ETUCE member organisation, VBE, Verband Bildung und Erziehung, states that this Court decision sheds light on the status of civil servant teachers. It should be noted that the concept of public servants varies considerably from one country to another. In Germany, the working conditions including the salary of civil servants are determined by law, while the salary increases usually follow those agreed to in collective negotiations and agreements for the public employees. About three quarters of teachers in Germany are employed as civil servants.
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