Employer does not need allow strike action on her own premises

On the 7 April the Labour Court (ArbG) Berlin (docket no.: 41 Ca 15029/15) prohibited the trade union ver.di from undertaking strike action on the employer’s premises.  

In the relevant case ver.di planned to undertake strike action on the employer’s carpark arguing that in view of the circumstances at the relevant work site as well as the level of organization of the employees, a strike would otherwise not have any effect. The purpose of the strike was to ensure that collective wage agreements regarding sales and trade rather than the logistic sector apply at the workplace. The employer – Amazon Pforzheim GmbH – issued proceedings for injunctive relief. 

The Labour Court granted injunctive relief in favour of the employer, arguing that the employer does not need to support strike action aimed against themselves. Therefore the employer does not need to allow strike action on their premises. This principle applies whether or not the premises is enclosed for example by a fence. 

This decision strengthens the employer’s situation with regard to strike action. However, as the Labour Court gave permission to appeal it remains to be seen whether the decision will stand.