Das Streikrecht des Arbeitnehmers im nationalen Recht

In this work, the author ‘translates’ the individual employee's constitutionally guaranteed right to participate in strikes into private law in the form of a right to refuse performance due to a strike. To this end, the author first analyses the freedom of association with regard to the guarantee of the employee's subjective right to strike. Based on the doctrine of fundamental rights duties to protect, according to which the effects of fundamental rights guarantees are also guaranteed in private law, the author then creates a legal standardisation of the employee's fundamental right to participate in strikes in private law through Section 275 (3) BGB as a general clause for the fulfilment of fundamental rights duties to protect.