Subcontracted labour as strikebreakers? Not with...
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Subcontracted labour as strikebreakers? Not with us! | Strike information for those employed as subcontracted labour Subcontracted labour as strikebreakers? Not with us! Strike information for those employed as subcontracted labour »Although employers would prefer otherwise: no subcontracted labour employee is obligated to work as a strikebreaker.« Claus-Harald Güster, Vice Chairman of the NGG During a strike, employers often try to maintain operations entirely or in part through the deploy- ment of subcontracted labour employees. As a subcontracted labour employee, you don’t have to fulfil the wishes of the contractor. e contractor is legally prohibited from deploy- ing subcontracted labour employees. In fact, you are obligated by law to refuse to provide services. “The contractor may not allow subcontracted employees to work when its operations are directly affected by a labour dispute. Clause 1 does not apply when the contractor ensures that subcon- tracted employees will not assume any duties previously carried out by employees who 1. are involved in a labour dispute or 2. have in turn assumed the duties of employees who are involved in a labour dispute. The subcontracted employee is not obligated to to assume duties on behalf of a contractor to the extent that these are directly impacted by a labour dispute. In the event of a labour dispute, the con- tractor is to remind the subcontracted employee of his/her right to refuse to provide work services”. § 11 Par. 5 Temporary Employment Act (AÜG) No strikebreaking – ensured in the collective agreement Subcontracted employees who work on the basis of a collective agreement of the DGB tariff community with the employer associations iGZ and/or BAP, can also cite these collec- tive agreements and decline strikebreaking work or refuse to work in a business currently on strike. In the industry-wide collective agreements with the employer associations BAP and iGZ, it is stipulated that subcontracted employees may not be de- ployed in strike-hit businesses. The contracting company is not permitted to circumvent the prohibition of strike em- ployment. In particular, it is not permitted to abrogate collective agreements for the day of the strike and to agree on equal pay / equal treatment only for these days. The prohibition of strike work applies to every subcontracted labour employee. The subcon- tracted labour employees who were already deployed with the company prior to commence- ment of the strike also may not work. Very important: those who choose to make use of their right to refuse to provide services must inform the employer of this. englisch - EN
Transcript of Subcontracted labour as strikebreakers? Not with...
Subcontracted labour as strikebreakers? Not with us! | Strike information for those employed as subcontracted labour Subcontracted labour as strikebreakers? Not with us! |
Subcontracted labour as strikebreakers? Not with us! Strike information for those employed as subcontracted labour
»Although employers would prefer otherwise: no subcontracted labour employee is obligated to work as a strikebreaker.«
Claus-Harald Güster, Vice Chairman of the NGG
During a strike, employers often try to maintain operations entirely or in part through the deploy-ment of subcontracted labour employees. As a subcontracted labour employee, you don’t have to ful� l the wishes of the contractor. � e contractor is legally prohibited from deploy-ing subcontracted labour employees. In fact, you are obligated by law to refuse to provide services.
“The contractor may not allow subcontracted employees to work when its operations are directly affected by a labour dispute. Clause 1 does not apply when the contractor ensures that subcon-tracted employees will not assume any duties previously carried out by employees who1. are involved in a labour dispute or2. have in turn assumed the duties of employees who are involved in a labour dispute. The subcontracted employee is not obligated to to assume duties on behalf of a contractor to the extent that these are directly impacted by a labour dispute. In the event of a labour dispute, the con-tractor is to remind the subcontracted employee of his/her right to refuse to provide work services”.
§ 11 Par. 5 Temporary Employment Act (AÜG)
No strikebreaking – ensured in the collective agreementSubcontracted employees who work on the basis of a collective agreement of the DGB tariff community with the employer associations iGZ and/or BAP, can also cite these collec-tive agreements and decline strikebreaking work or refuse to work in a business currently on strike.
In the industry-wide collective agreements with the employer associations BAP and iGZ, it is stipulated that subcontracted employees may not be de-ployed in strike-hit businesses. The contracting company is
not permitted to circumvent the prohibition of strike em-ployment. In particular, it is not permitted to abrogate collective agreements for the day of the strike and to agree on equal pay / equal treatment only for these days.
The prohibition of strike work applies to every subcontracted labour employee. The subcon-tracted labour employees who were already deployed with the company prior to commence-ment of the strike also may not work.
Very important: those who choose to make use of their right to refuse to provide services must inform the employer of this.
englisch - EN
Subcontracted labour as strikebreakers? Not with us! | Strike information for those employed as subcontracted labour
The refusal to participate in strikebreaking may not have any consequencesThe deployment of subcontracted labour em-ployees at striking workplaces in the company is prohibited. Subcontracted labour employees also have a right to refuse to provide services.
Subcontracted labour employees may not suffer from any disadvantage when they make use of this right to refuse to provide services accorded by law and work is not commenced with or is discontinued. The employer must continue to pay wages and salaries! Or must otherwise provide for deployment in another area not subject to strike activity.
»I don’t want to be a strikebreaker. And I don’t have to be: the refusal to participate in strikebreaking is my right as a subcontracted employee.«
Many subcontracted employees are not aware of this right. For this reason the employer must refer explicitly to this right.
The prohibition of strike work also applies to employees who were al-ready deployed in the company prior to the commencement of the strike. A day-by-day agreement for equal pay is not permitted!Employees* / Employees** shall not be deployed in businesses or areas of businesses that are properly strike-hit in the context of a call to strike on the part of a member trade union of the DGB tariff community for temporary employment. This also applies to employees who had already been deployed with the company prior to commencement of the labour dispute measures. The parties of the labour dispute may reach deviating agreements in individual cases (e.g. emergency services agreements). The ruling of § 11 Par. 5 AÜG remains unaffected by this.
* § 17.1 of the industry-wide collective agreement for temporary employment with the federal employer’s association of personnel service providers (BAP e.V.) of 17 September 2013
** § 12 of the industry-wide collective agreement for temporary employment with the association of German temporary employ-ment agencies (iGZ e.V.) of 17 September 2013
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gerecht!Further information: www.ngg.net/vorOrtImpressum Gewerkschaft Nahrung-Genuss-Gaststätten (NGG) | Referat Tarifpolitik | Haubachstr. 76 | 22765 Hamburg | [email protected] | Verantwortlich: Claus-Harald Güster | Konzept/Gestaltung: Peter Bisping | 6-2017
The NGG is your contact for any questions concerning subcontracted labour and strike law.
