Dispute over warning strike: Court decides on the future of church labor rights!

Dispute over warning strike: Court decides on the future of church labor rights!

A heated topic in the discussion about working conditions in church institutions is being heard today at the labor court in Erfurt. From 12 p.m., a case from Weimar will be dealt with there, which could potentially have far-reaching effects on the approximately 35,000 employees at Diakonie Mitteldeutschland. This is a legal dispute that was initiated due to warning strikes organized by the Verdi union in August and October 2024 at the Sophien- und Hufeland Klinikum in Weimar in order to enforce better collective bargaining. N TV reports that the Evangelical Church of Central Germany (EKM) and its Diakonisches Werk sued against these strikes and were able to obtain a court ban in the first instance. Now, in this case, the court's previous decision is being examined again.

Here the right to strike meets the church's right to self-determination, which enables the churches to regulate employment relationships in special commissions. Verdi called for separate collective bargaining, which was rejected by the church. Above all, the fundamental decision of the Federal Labor Court (BAG) from 2012, which prohibited unions from striking at church employers, is central to this debate. The Erfurt labor court had ruled in the past that the reference to ecclesiastical labor law did not obviously deviate from the law - this could now change if the judges decide in favor of Verdi.

Contrasts of fundamental rights

The dispute raises fundamental questions about the rights of employees and the churches' right to self-determination. A ruling could not only determine the framework conditions for future collective bargaining, but also shed light on the question of pay equity in church service. Here, church representatives refer to the principle of the Third Way, which envisages a partnership between employees and employers in order to resolve conflicts without strikes. According to the principle, however, conflict resolution in church service should not take the form of industrial disputes, as this would contradict the mission of the churches DBK leads.

The latest developments regarding the legal position of the churches are also related to this. A decision by the Federal Constitutional Court in October 2023 strengthened the churches' right to self-determination with regard to hiring practices, which further triggers the current discussion. Now it remains to be seen what direction the labor court in Erfurt will take and what signaling effect this could have for employees in church institutions nationwide.