Employee Protected by the Right to Strike
If you ask your employee to take part in one of these actions, you are following the rules of strike. Trade unions refer not only to actions in their messages but also to strikes.
The trade unions have submitted the necessary strike notices, which means that participants in the actions are protected by strike rules. Additionally, these actions can sometimes lead to spontaneous (short-lived) strikes.
Can you stop an employee from taking action?
No. If the actions have been announced by the trade unions, you cannot force an employee who wants to take action to be present at work.
Can you punish an employee who is taking action?
No. You can only punish employees who seriously misbehave.
This includes "wild" strikes that are not covered by the trade union's strike notice. In such cases, you can take disciplinary actions, but only if these actions are outlined in your labour regulation.
Can willing employees arrive late?
No. If the strike has been announced, the employee must do everything possible to arrive at work on time. For example, they can leave earlier or organise carpooling.
Employees can also take a day off or compensatory rest, provided that you agree to this. If possible, they can also work from home that day.
Minimum Service of the NMBS
The NMBS has a legal obligation to guarantee a minimum service. The law states that passengers must be informed of the day's offerings 24 hours in advance, which helps your employee plan their day. Therefore, the NMBS can create a schedule for strike days with the available staff.
Must you pay for the 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, as long as this delay or absence is due to a cause that occurred on the way to work and is beyond their control.
In the event of a strike, the actions are announced in advance. Your employee knows 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 find yourself in this situation, you can still use your common sense. As an employer, you can be understanding and pay for the hours not worked when your employee has made every effort to arrive on time at the workplace.
What alternatives are possible?
If you want to avoid these situations, you can agree on an alternative 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 agree to this leave request.
Teleworking
If teleworking is possible within your company, you can allow your employee to telework during the period of disruption. This permission is possible for 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 know more about your rights and obligations in the event of a strike? Register on Lex4You and consult our file on strikes.
