Co-determination
"Trainees aren't allowed to strike."
Your union calls a warning strike, and you want to join in.
Art. 9 Abs. 3 GG / BAG-Rechtsprechung
It depends …
Yes they are — if it concerns your training conditions and the union calls for it.
Trainees may take part in strikes if the union calls for them and the strike also concerns their training conditions, e.g. because training pay is being negotiated in the collective agreement. The Federal Labour Court has expressly recognised this for short warning strikes. During the strike there is no pay; union members usually receive strike pay. You may not be dismissed or warned for taking part in a lawful strike. A "wildcat" strike without a union call, on the other hand, is not protected, and vocational school remains compulsory even on strike days.
What the law says
Art. 9 (3) GG – Freedom of association
Freedom of association also protects union activity, including industrial action.
Federal Labour Court case law
Trainees may take part in short, time-limited warning strikes if the union is also negotiating their training pay.
What you can do
- Only join a strike your union has called.
- Register at the strike office — important for strike pay and proof.
- If the strike falls on a school day, school comes first.
- Exams are not strike days: do not strike on exam days.