Employee protected by the right to strike
If your employee asks to take part in one of these actions, you must follow the strike rules. The trade unions refer in their communications not only to actions but also to strikes.
The trade unions have submitted the necessary strike notifications, so participants in the actions are protected by the strike rules. Moreover, the actions can spontaneously develop into (short-term) strikes.
Are you allowed to prohibit an employee from taking industrial action?
No. If the actions have been announced by the trade unions, you may not require an employee who wants to take industrial action to be present at work.
Are you allowed to sanction an employee taking industrial action?
No. You can only sanction employees who seriously misbehave.
For example, "wild" strikes that are not covered by the strike notification from the trade union. In that case, you can impose disciplinary sanctions, but only if these are included in your labour regulation.
Are willing employees allowed to 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, organise carpooling, etc.
Employees can also take a day of holiday or compensatory rest, provided you agree to this. If possible, they can also work from home that day.
Minimum service of the NMBS
The NMBS has the legal obligation to guarantee a minimum service. The law states that travellers must be informed 24 hours in advance of the day's offer, which helps your employee plan their day. The NMBS can therefore draw up a schedule for the strike days with the available staff.
Do you have to 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, provided that this delay or absence is due to a cause that happened on the way to work and is beyond their control.
In the case of a strike, the actions are announced in advance. Your employee knows beforehand that public transport will be disrupted. They should therefore have taken the necessary measures to reach their workplace. Therefore, you do not have to pay wages for the hours not worked by your employees who arrive late or do not arrive at the workplace, since this delay or absence is not unexpected.
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 employer must agree to this leave request.
Telework
If teleworking is possible within your company, you can allow your employee to telework during the period of disruption.
This permission applies both to structural telework and to occasional telework.
If you have not yet implemented telework in your company and want to do so, you will 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 case of a strike? Register on Lex4You and consult our file on strikes.
