Daycare strike – the most important questions and answers for parents

+++ Update from 09/24/2015 +++

Verdi boss Bsirske announces strikes starting mid-October

At the federal congress of the trade union Verdi in Leipzig on 09/23/2015, the re-elected chairman Bsirske, with 88.5% of the vote, announced a "massive escalation" of strikes in municipal daycare centers with "high burdens for parents, employers, and the strikers." These could already take place in October, and this time be unannounced and unpredictable, as Verdi spokesperson Schischefky stated in September. This means a new intensification of the strike is imminent.

+++ End of update from 24.09.2015 +++

+++ Update from 08/13/2015 +++

Wage negotiations continue without agreement - strikes likely from mid-September

Employers and the union parted ways today after fruitless negotiations. Ver.di will now begin preparing for new strikes, said union leader Bsirske today after the talks in Offenbach.

+++ End of update from 08/13/2015 +++

+++ Update from 08/10/2015 +++

Arbitration failed: renewed strikes in municipal daycare centers possible

The members of the union VERDI have rejected the mediator's proposal by a majority (with almost 70% of the votes). Whether new strikes will occur will be decided from August 13, 2015, when the wage negotiations in Offenbach are resumed.

+++ End of update from 08/10/2015 +++

+++ Update from 19.05.2015 +++

Daycare dispute continues

Even in the second week of strikes at municipal facilities, there is no end in sight for the walkout: Municipal daycare centers across the country continue to be on strike. At the moment, it looks like the daycare centers will remain closed until after Pentecost.

From Munich to Hamburg, parents are searching for alternative childcare options – those who are lucky can access emergency care through their employer. Other parents try to organize privately, which is very difficult due to the short notice of the strike on one hand, and the uncertain duration of the strike on the other hand.

The good news is: Employees of companies supported by famPLUS receive quick and competent care suggestions and can go to work with peace of mind!

+++ End of update from 19.05.2015 +++

The unions have called for indefinite strikes for employees in the municipal social and educational services starting from May 8th. What does this mean for mothers and fathers? The most important answers to the questions that working parents in particular are now asking.

When should we expect further strikes?

Several unions have called for an indefinite strike starting Friday, May 8. Educators in municipal daycare centers, after-school care centers, all-day schools, and homes are called to strike. Social workers and social educators in youth centers, school social work, and general social services, as well as employees in facilities for disability assistance, will also stop working. In total, more than 240,000 employees are working in the social and educational services nationwide.

How long will the strike last?

The previous negotiations have failed. If the employers do not continue to meet the demands of the unions, the strike may extend beyond Pentecost, indefinitely. The states the trade union Ver.di in a statement.

What are the goals of the strike?

The demand is for an upgrading of professions. This includes more staff, more time for preparation and follow-up, the recognition of professional experience when changing employers, and a higher classification in pay scales. This higher classification would mean a salary increase of an average of ten percent. This would make the profession more attractive again. emphasizes the GEW union. The municipal employers' associations (VKA) are resisting these demands because they would result in additional costs of 1.2 billion euros per year for the municipalities.

Which childcare centers are affected?

The daycare centers being struck in Germany are those maintained by public sponsors. These are a total of about 17,500 daycare centers, where roughly 1.8 million children are cared for. so the mirror . From May 8th, the first facilities will be on strike. The union Ver.di provides information for each federal state. In some cities, there are already hotlines for affected parents. It's best to inquire directly at your own daycare center and with its provider about whether and when strikes will occur and to ask if there is emergency care available.

And who will take care of our child then?

In some daycare centers, emergency care is offered, and in some municipalities, there will be a central contact point. Otherwise, mothers and fathers must organize the care of their children themselves. Only if the work stoppage is announced at very short notice is there an exception, and § 616 S. 1 BGB becomes effective: “If the strike is not announced and alternative care is not feasible, parents are entitled to continued payment of wages,” says Nathalie Oberthür, lawyer and member of the Employment Law Working Group in the German Bar Association (DAVD). This “leave entitlement” only exists if parents have actively sought alternative care options. If neither neighbors, friends, grandmothers, nor babysitters can step in, leave of up to five days is considered reasonable, says lawyer Sandra Runge on her blog “Smart Mama”.

What should be considered when taking special leave?

Strike-related closure days of the facility should definitely be confirmed in writing, especially that there is no possible alternative care. Mothers and fathers are entitled to paid leave from work, as their duty of care as parents takes precedence over their duty to work as stipulated in the employment contract. First, it should be discussed with the employer whether it is possible to work from home or swap shifts with colleagues. It is important to inform the employer as soon as possible. Special leave must also be approved; otherwise, there is a risk of dismissal.

Can't I just take my child to work with me?

There are companies that explicitly offer this. However, parents are not entitled to it. Several affected parents could also band together and jointly organize childcare at the workplace if the facilities are provided.

Will I receive less salary if I stay at home?

Section 616 with entitlement to continued pay only applies if the strike is scheduled at short notice. However, this is unlikely to apply to the strikes from next week. If the strike lasts longer, the entitlement ceases. The law is quite clear at this point, says labor lawyer Medem in Spiegel. "If it takes too long, the continued pay is lost altogether.

Can I claim back my daycare fees?

Strikes are considered force majeure, and this is usually regulated by contract. Nevertheless, parents should try to get the costs they incurred for additional care and loss of wages reimbursed by the municipalities. The lawyer Nina Straßner explains: “Only if parents reclaim their daily rates of care fees and the proportional food allowance from the operators of the kindergartens is financial pressure exerted on the municipal employers.” Those who pay the fees on strike days without objection “indirectly ‘gift’ money to the municipality and thus involuntarily support the employers’ side. A Sample letter for parents can be found on their blog.

Why are strikes being carried out at the expense of working parents?

The GEW union explains: “Families need to know above all: They are affected by the strike, but it is not directed against them!” An upgrade of the profession would also benefit the children and families who rely on the services of social and educational institutions. The Association of Working Mothers criticizes that neither unions nor municipalities are making concrete offers to relieve parents. Parents are left to cope with the financial and occupational burden alone.

How can parents support the concerns of educators?

The demand that people should bring their children to the town hall makes a lot of sense according to GEW. „When those responsible in the municipality feel that the closure of the daycare also hampers their daily business, the pressure to react increases.“ The Federal Parents' Association (BEVKi) is calling for cheerful play in the town hall corridors and declares solidarity with the strikers.

The parent representatives explicitly emphasize that the strikes are not against parents, but "against the municipal employers." Specifically, they could Parents help with meetings, press releases, and protest letters. . A Templates for eCards are available at Ver.di On May 11, the Day of Childcare Parents should try to initiate a thank-you campaign for the educators in front of administrations and town halls. More information is also available for parents in a Facebook group.