What is a lockout?

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One hears again and again in the news that workers go on strike to get higher wages. However, not everyone knows that the employee is allowed to issue a lockout in response to this. Therefore, employees should know the consequences of being locked out.

In response to a strike, the employer can lock its employees out.
In response to a strike, the employer can lock its employees out.

The lockout is a reaction from the employer

  • A lockout is understood to be the systematic exclusion of several employees by the employer, with the refusal to continue to pay.
  • A distinction is made between the so-called defense and attack lockout. While the employer reacts to a labor dispute with the former, he initiates it with the latter.
  • Your employer may only lock you out under certain conditions. For one thing, your employer must carry out the lockout to ward off an acceptable strike and notify the union about it.
  • In addition, he must observe the prohibition of excess. This is particularly relevant with regard to the number of workers who will be locked out. Because even if you are involved in a labor dispute or Strike are not involved, your employer can lock you out. He must comply with the prohibition of excess or take proportionality into account.

What are the consequences of a lockout for employees?

  • If your employer has lawfully locked you out, then all rights and obligations from your employment relationship are suspended for the entire period of the lockout. However, the employment relationship remains in principle.
    • What does strike mean?

    Strike means labor dispute. Strikers lose their wage entitlement. Since constitution ...

  • An exception to this is the so-called "releasing" lockout. Here the employment relationship is terminated. Your employer can issue this lockout in the event of long-term, illegal labor disputes.
  • If you are affected by this, you have the right to be reinstated after the strike, provided that your continued employment is possible and reasonable for both sides.
  • If your employer unlawfully locks you out, you do not have to fear any consequences. You do not lose your right to continued payment of wages, but you are also fundamentally obliged to work.

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