In October 2021, a large number of workers at Gorillas delivery service went on strike due to Gorillas not paying wages, missing protective gear and deplorable working conditions. Gorillas management responded to the strikes with instant dismissals.
This strike was a non-union strike. Since the right to strike is very restrictive in Germany, strikes not called by a union are considered illegal.
Several employees have filed „unfair dismissal suits“ (Kündigungsschutzklagen) against these dismissals. At their first trial at the labor court in April 2022, the dismissals of three former Gorillas employees were confirmed. On April 25, 2023, the trial will take place in the next higher court, the Berlin-Brandenburg Regional Labor Court.
Especially precarious and migrant workers are restricted in their basic rights by the reactionary German right to strike. Duygu Kaya, one of the fired Gorillas workers and a member of the Gorillas Workers Collective said in her statement at the trial on April 6, 2022: „Without our right to non-union strikes, our work is nothing more than modern slavery legalized by case law.“ Long-term unionization is very difficult in fields with temporary contracts and high turnover. The ban on non-union strikes is designed to deprive workers of their most important weapon: the collective work stoppage. All workers have the right to strike, it must be comprehensive and must not exclude anyone!
The right to strike was historically shaped by the jurist Hans Carl Nipperdey. During fascism, he commented on the Nazi labor law, the so-called „Law on the Order of National Work“, and participated in the „Academy for German Law“ in the implementation of fascist ideology in laws. To this day, German strike law remains in the reactionary tradition of Nipperdey, who became president of the Federal Labor Court in 1954. Therefore, political strikes and non-union strikes are prohibited according to the prevailing legal understanding. Strikes by civil servants are also prohibited. General strikes, such as those in France against pension reform, would also be considered illegal in this country.
To this day, Nipperdey’s views are adopted by labor courts. This restricts the human right to strike and is contrary to international law such as the European Social Charter in which all people are granted the right to strike. A legal victory for the former Gorillas employees would benefit all employees and would be a major step forward for our right to strike. We stand up for a comprehensive right to strike and support the former Gorillas employees in their struggle!
April 25, 2023 | Rally | 10 am | Landesarbeitsgericht Berlin-Brandenburg | Magdeburger Platz 1