Employee Protection Under the Right to Strike
If your employee requests to participate in any of these actions, you are adhering to the rules governing strikes. Trade unions refer not only to actions in their communications but also to strikes.
The trade unions have submitted the necessary strike notices, which means that participants in these actions are protected by strike regulations.
Can you prohibit an employee from taking action?
No. If the actions have been announced by the trade unions, you cannot require an employee who wishes to take action to be present at work.
Can you sanction an employee who is taking action?
No. You may only sanction employees who seriously misbehave.
This includes, among other things, "wild" strikes that are not covered by the union's strike notice. In such cases, you may impose disciplinary sanctions, but only if these are specified in your labour regulations.
Can willing employees arrive late?
No. If a strike has been announced, the employee must make every effort to arrive at work on time. For instance, they can leave earlier or arrange carpooling.
Employees may also take a day off or compensatory rest, provided that you approve this. If feasible, they can also work from home on that day.
Minimum Service of the NMBS
The NMBS has a legal obligation to ensure a minimum service. The law requires that passengers be informed 24 hours in advance of the services available on the day of the strike, which assists your employee in planning their day. Consequently, the NMBS can create a schedule for strike days based on the available staff.
Must you pay for hours not worked due to the strike?
The principle is that your employee is entitled to their full daily wage when they normally go to work but arrive late or do not arrive at the workplace, provided that this delay or absence is due to circumstances beyond their control while commuting to work.
In the event of a strike, the actions are announced in advance. Your employee is aware beforehand that public transport will be disrupted. They should have taken the necessary measures to reach their workplace. Therefore, you do not have to grant pay for the hours not worked by employees who arrive late or do not arrive at the workplace, as this delay or absence is not unexpected.
Our advice: If you encounter this situation, you may still exercise your discretion. As an employer, you can choose to be understanding and pay for the hours not worked when your employee has made every effort to arrive on time.
What alternatives are available?
If you wish to avoid these situations, you can agree on an alternative arrangement with your employee.
Leave or Compensatory Rest
If your employee cannot find a solution or prefers not to travel, they can take leave (statutory holiday, recuperation, etc.). Of course, you as the employer must approve this leave request.
Teleworking
If teleworking is feasible within your company, you can permit your employee to telework during the period of disruption. This permission applies to both structural teleworking and occasional teleworking. If you have not yet implemented teleworking in your company and wish to do so, you can find all the necessary documents in our various packages.
What does Securex do for you?
Do you want to learn more about your rights and obligations in the event of a strike? Register on Lex4You and consult our file on strikes.
