School strike against conscription: What consequences do students and trainees face?

Anyone who skips school because of the “school strike against conscription” may have to face consequences. These rules apply.

Should young people face consequences if they take part in a strike during class or work? Photo: Julian Stratenschulte/dpa/dpa-tmn

Cologne. Skipping school for the future? The “School Strike Against Conscription” alliance called for a strike in many cities on Friday, September 25th. But do students even have the right to strike? And what actually applies to trainees? Specialist lawyer for labor law Volker Görzel has some advice.

“Students are allowed to express their opinions and gather, but they do not have the right to strike,” said Görzel. If you stay away from class for political reasons, disciplinary measures are justified. Because education is a matter for the states, they have to fear different measures, such as fines, depending on the state's school laws.

The reason for the unauthorized absence from class does not matter; anyone who goes on strike is considered a school truant. In practice, however, if you are absent for days at a time, educational discussions or measures such as detention are usually first resorted to.

If the union calls, trainees are allowed to strike

In principle, trainees are allowed to strike. The prerequisite for this is that a union calls for a strike, the trainees are affected by collective bargaining and the strike pursues a goal that can be regulated by collective agreement, such as training pay or working conditions.

“But they can’t just stay away from work because of a military service strike,” says Görzel. A strike against a political decision - for example against a planned conscription or compulsory military service - would not be a collective bargaining-related industrial dispute. According to current German jurisprudence, it is considered a political strike and would generally not be legal as a work stoppage.