Focus on the Right to Strike: Review of the Labour Law Moot Court Finals 2025

On June 13th 2025, this year’s finale of the Austrian Labour Law Moot Court took place. The team from the Vienna University of Economics and Business (Julia Huber and Paul Amann), which was co-mentored by our law firm, achieved an excellent second place in the finale. Below, we share impressions from the trial preparation on this special day.

Beyond the success, the case – presented as an oral appellate hearing – provides valuable insights into a topic of greatest practical relevance for employers: the law of industrial disputes.

The Case: When a General Meeting Transforms into a Strike

This year’s Moot Court case addressed a commonly encountered situation: A regular general meeting initially took place in a company. Under the agenda item “Any other business” a heated discussion developed regarding the ongoing collective bargaining negotiations, which resulted in a strike resolution and ultimately a strike.

Key Legal Issues for Employers

The Moot Court case highlighted fundamental labor law questions that every employer should consider:

• May a strike resolution be passed during a general meeting? The peace obligation under collective agreements, binding all employee representative bodies, means that works meetings (Betriebsversammlunen) cannot be misused to orchestrate future operational disruptions through strike resolutions or to conduct an industrial action during such meetings.

• When is a strike legally permissible? For the duration of the applicable collective bargaining agreement, a peace obligation binds the collective bargaining parties. This means that industrial action measures taken in relation to the collective agreement are at least under special observation and may be unlawful. Even where the peace obligation no longer applies, strikes must not violate the principles of morality and must be proportionate.

• How can employers defend themselves? Employers have several options when confronting unlawful strikes: In addition to claims for injunction and damages against strike organizers and employees, quick relief can also be achieved through the application for interim injunctions in case of threatening irreparable damages.

Practical Significance for Your Company

Strikes mean considerable (financial) damages for businesses and disrupt not only operational processes but also long-term operational integrity. It is therefore crucial to understand available legal remedies in advance and develop appropriate strategies to minimize potential impacts.

At ATTYS Rechtsanwälte, we have comprehensive expertise in industrial dispute law and are at your side for all questions regarding strikes, works meetings, and collective bargaining negotiations. Our partner Dr. Christoph Ludvik is happy to advise you on preventive measures and supports you in cases of conflict with works councils and social partners.