Many Facebook users are unsettled: A meme informs that a general strike is supposedly breaking out in Germany at the beginning of April 2018.
There is a quite long status text for this meme that is quite something. Not only does he call for an illegal act, but he also suggests that this “general strike” (sic) would also occur. Here you can read in the first paragraphs:
Important message for Germany FINALLY!!!
General strike April 3 – April 7, 2018
Important! This message is not a meaningless chain letter, but an important appeal to all German citizens, whom we are trying to reach through all possible media.
We hereby call on every German to engage in a non-violent uprising!!!! …
What is a general strike anyway?
A general strike does not involve generals striking, but rather a type of strike in which everyone (not just individual sectors) stops any type of activity. The scientific services of the German Bundestag provide information on this in their publication “General strike – legal conditions and strike culture in comparison [ 1, p. 3 ]”:
A general strike is a special form of strike in which workers in a region stop work across all sectors of the economy, regardless of the nature of their activity.[1] Definitions of the general strike often include the term “political protest,” which large parts of the population join and which brings trade, transport, postal services, and utilities to a standstill.
Is it so easy to go on a general strike?
No. Just because a meme has 20,000 or 30,000 shares on Facebook doesn't mean it's possible to call a general strike. In Germany this is not possible; there must first be a corresponding reason for such a labor dispute and, if necessary, milder means must be exhausted according to the last resort principle in order to be able to go on a general strike. Likewise, a general strike must be a proportionate means to its purpose. By the way, a general strike in Germany is not legally covered by the right to strike, which could end up being expensive for those calling and taking part!
Although a general strike is not prohibited per se in Germany, it could potentially be legitimized by Article 20, Paragraph 4 of the Basic Law. However, this article looks like this:
(4) All Germans have the right to resist anyone who attempts to eliminate this order if no other remedy is possible.
What does that mean?
A general strike could indeed be used when democracy and freedom are seriously threatened. This is about really serious threats to democracy; simple “Merkel has to go” demands don’t apply. A protest against the newly formed government should under no circumstances be covered by Article 20 paragraph 4.
As long as elections are still possible and a democratically elected government is in place and a democratic order still exists, a general strike should not be applicable.
Legal consequences of unlawful industrial action
At this point we once again reproduce a paragraph from the publication “General Strike – Legal Conditions and Strike Culture in Comparison [ 1, p. 7 ]”:
If the industrial action or its conduct is unlawful, the opposing party being fought, including its members, can take action against the fighting organization and its members for injunctive relief.[27] This claim can be enforced by way of a lawsuit or interim injunction proceedings. The labor courts are responsible. In addition, claims for damages against the association and its officials can be considered, assuming fault. This is denied if the dispute is about goals that can be regulated by collective agreements, the admissibility of which is disputed in legal science.
Plain text
Calling for a general strike using a meme, without the reason that the basic democratic order is in any way endangered, is of course ultimately nothing more than a meaningless chain letter.
And by the way: anyone who takes sick leave for no reason must expect consequences under labor law and criminal law! Legally speaking, this can even result in termination without notice.
Update: At this point we can refer to the report by Lars Wienand, which is entitled: “ Mysterious mass call. Right-wing extremists and Putin fans in general strike fever ” was published on April 2, 2018!
References:
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Notes:
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