After the basic order of church service as part of church work, which applies to the Catholic Church, divorced from strikes and lockouts (Article 7, paragraph 2, sentence 2). The Protestant Church had done in May 2009 with strikes in charitable institutions in NRW. This resulted in a labor dispute that on 13 January 2011 the National Labour Court Hamm (8 Sat 788/10) was chosen. The lower court had considered illegal strike action, which holds LAG Hamm contrast, non-organized trade union strike actions excluded in principle. to name are
regard to the admissibility of strikes from the press release of LAG ( http://www.lag-hamm.nrw.de/ ) the following reasons:
first It has to balance between the constitutionally guaranteed Self-determination of church and under Article 9, paragraph 3 of the Basic Law guaranteed right to strike. As in church institutions and workers to be employed, "whose activities do not account for hours worked in Christian belief service to others," an exclusion of the right to strike is considered excessive. Examples of such activities is called the LAG tasks with auxiliary functions, such as hospital food and cleaning services that can be separated and transferred to non-church organizations.
second The exclusion of the right to strike can not therefore be justified, that is followed in church institutions of so-called "third way" (so-called first way is the one-sided arrangement of the work contract by the employer, the second way is the design of working conditions through the conclusion of collective agreements between employers and unions and the Third Way is its own canonical design of working conditions because of the nature of the church service). The LAG Hamm sees the "Employment Law Commission," which in the Protestant Church regulates the working conditions, not an equivalent system in accordance with Article 9 paragraph 3 GG. The main reason is that full-time union representatives do not could exert significant influence. The composition of the labor law Commission (2 / 3 of the employee representatives must be active in church service and they must be composed of all staff associations represented at the facility) limited the trade union representation.
did not decide the 8th Appeal of the LAG, which limits the Steikrechts due to self-determination of church and follow as embody the third way is to achieve the required equivalence in the design of working conditions. The revision to the Federal Labour Court has been authorized.
The sentence which related to a situation in the area of the evangelical church, but for the Catholic Church are equally important. The blanket exclusion of strikes and lockouts and the order of the diocesan commission for labor law should not here meet the requirements that the 8th Appeal of LAG Hamm will draw up. LAG Hamm kept the Judgement of the stock would have to strike in areas with an auxiliary function, as she calls it WAS expected. But so is the concept of "community service" would be discussed . As far as it goes? It is therefore Clarification given to make the contractual arrangement for both sides on a sound basis. (Copyright ago)
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