The judges must find an answer to question of wher ban on strikes for civil servants must be eased or even abolished. In concrete terms, re are cases of officials from Lower Saxony, North Rhine-Westphalia and Schleswig-Holstein who were involved in protests or strikes by Union of Education and Science (WT) and who had received disciplinary penalties for this.
The decision affects a good 600,000 of official teachers who, according to current jurisprudence, are not allowed to strike for more money and better working conditions like ir colleagues. A decision of Constitutional Court is expected only in a few months.
Why are officials not allowed to strike yet?Civil servants are subject to official law. It is not a law of its own, but is derived from so-called "principles of professional officialdom" as laid down in article 33 (5) of GG. This includes, among or things, prohibition to lay down work.
The principles define civil servant relationship as a public service and loyalty relationship. This is accompanied by special duties and rights that ordinary employees do not have. For example, civil servants are required to perform ir work with dedication and behave in such a way that y represent state and its freedom-democratic values properly at all times. If y don't, y're threatening sanctions. In return, officials get a life-time employment, are well paid and get retired luxuriant pensions. The special rights and obligations for civil servants are to ensure that state apparatus works. For this reason, it is also forbidden to work in labour dispute. So for teachers of staff, it is true that because re is compulsory education, y must also teach. It is also something else to strike children than for example an automobile group. Teachers not only have a teaching assignment, y are also reference persons for children and adolescents. This is also an argument that is repeatedly cited against strikes by kindergarten teachers.
How do opponents of strike ban argue?They refer to legal basis, which is not entirely clear: in accordance with article 11 of European Convention on Human Rights (ECHR), Freedom of association and right to strike are only for officials with a sovereign Authorities, such as police officers and military. All ors are likely to strike in accordance with European law. The judges of European Court of Human Rights (ECHR) in Strasbourg had also decided to do so in two judgments, but this was a case of Turkey. The federal administrative Court, which was last instance to deal with question, came to conclusion that German case law here is in contradiction to European. That is why Constitutional Court must now find a definitive answer.
How many staff teachers are re?Well 800,000 teachers work in Germany. 200,000 of m have no official status. In Bavaria, Hamburg, Hesse and Saarland almost all teachers are official. In East German Länder, most of teachers were hired after turn of century, and Mecklenburg-Vorpommern now recovers teachers more often. On or hand, many West German states have moved to hiring teachers, especially as employees.
Most of federal states want to save money in this way. Because employee teachers get less salary on average 500 euros per month. For m, however, social contributions are payable. Critics refore say that staffed teachers are often even cheaper.
The countries have leeway to not beam teachers: because for a civil servant, candidates must meet a number of criteria – y may not be older than 40 years and undergo a health check at officer. And often professional beginners only get temporary contracts as representative teachers and refore cannot be official.
In total re are more than 1.8 million officials in Germany, including about 456,000 judges and 179,000 soldiers. There are more than 2.8 million employees in public service.
Date Of Update: 18 January 2018, 12:02
