The national strike organized this Monday, January 13 is causing significant disruptions in transport. If you are unable to get to work, are you exempt?
Strike is a fundamental right in Belgium, but it is governed by very specific rules. Here is what you need to remember on this subject, which is often a source of questions.
Participating in a strike: your rights as a worker
Workers who participate in a strike cannot be considered to be on unjustified absence. This means that going on strike is not grounds for dismissal for serious misconduct. However, this freedom comes with an important condition: in the event of a strike, employees cannot claim their salary from their employer. They can, however, benefit from strike pay granted by their union.
On the other hand, workers who decide not to participate in the strike continue to receive their usual salary. In certain sectors, where a minimum service is required, the employer can requisition part of its staff to guarantee the continuity of essential activities.
When the strike prevents you from working
In some cases, it is possible that employees cannot go to their workplace due to the strike, without actively participating in it. For example, a strike picket at the entrance to the company or a blocked vehicle preventing workers from getting to a construction site can pose a problem.
In this type of situation, employees do not receive a salary, but they can claim temporary unemployment benefits, subject to agreement from the ONEM. An alternative is to telework, if this is possible for their position.
Can a strike justify an unplanned absence?
In general, the answer is no. When a strike is announced in advance, as is often the case with public transport disruptions, workers are required to make arrangements. This may include using an alternative means of transportation or resorting to teleworking. In these cases, if an employee is unable to make it to their workplace, they are not paid.
However, if the absence is caused by unforeseen circumstances beyond the employee’s control (such as an accident or sudden blockage) he or she may normally be paid. These rules aim to strike a balance between the right to strike, the needs of employers and the practical realities that workers face.
strike right to strike work during the strike
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