Questions and Answers About Warning Strikes Warning strikes—our legal right

What is a warning strike?

Warning strikes are short, temporary work stoppages. They are permitted once the peace obligation has ended. They show the employer that employees stand behind the collective bargaining demands and—if necessary—are also prepared to strike for them. Warning strikes take many different forms, such as a brief work stoppage, an early-closing action, or a public rally.

Only the union may call for warning strikes.
 

What are full-day warning strikes?

If short warning strike actions are not sufficient, IG Metall may call for warning strikes at selected workplaces that result in work being suspended for the entire workday. This puts even more pressure on employers to reach an agreement. The IG Metall Executive Board decides whether to carry out such strikes.

Could the strike have negative consequences for me?

Participating in a strike—including a warning strike—does not violate your employment contract. You cannot be given a written warning or terminated for this reason. If your employer threatens to do so anyway, as an IG Metall member, you will receive financial and legal support. 

Do I have to notify my boss that I’m going on strike?

If the union calls for a warning strike, you are not required to fulfill the usual obligations under your employment contract for the duration of the strike. This also means you do not have to notify your boss that you will be on strike.
 

Do I have to clock out or not?

As a general rule, you do not have to clock out for a strike. The employer is not required to pay striking employees for the duration of the warning strike, which means the time does not have to be made up later. If you do clock out anyway, make sure that both your pay and your working hours are not deducted.
 

Can my employer force me to perform essential work?

No, your employer cannot force you to perform emergency work. Necessary work intended to prevent serious damage—for example, to machinery or products—is exempt from the strike. However, this is subject to negotiation between unions and employers. A unilateral decision by the employer is not permitted.
 

Is strike pay available for warning strikes?

No, strike pay is only paid for strikes following a strike vote. In the case of full-day warning strikes, strike pay may also be provided following a decision by the executive board.
 

Who is allowed to participate in warning strikes?

The right to strike is enshrined in the Basic Law and is therefore constitutionally guaranteed. It does not matter whether you are a union member or not. Nevertheless, union members enjoy many benefits. During a warning strike, they are well protected.

Apprentices 

Apprentices are allowed to strike because their training conditions are also regulated in our collective bargaining agreements. On school days, however, they must attend classes. 

Temporary workers

Temporary agency workers must not be used as strike breakers! 

It is prohibited for temporary agency workers at the client company to directly take over the duties of employees who are engaged in a labor dispute—or even indirectly from employees who have taken over the duties of employees engaged in a labor dispute. The staffing agency must inform the temporary agency worker that, in such cases, they have the right to refuse to work.

The temporary staffing agency must be informed of an announced strike and must seek alternative employment opportunities. The temporary staffing agency is obligated to continue paying wages during the warning strike—and must inform the temporary worker that they have the right to refuse to work in such cases.

Employees Not Covered by a Collective Bargaining Agreement 

Even employees at the company who are not covered by the collective bargaining agreement may strike if the union calls for one, as the fundamental right to strike applies to them as well.
 

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