Rules applicable to strikes
25/02/2021

A national day of action is being organised by a coalition of labour unions today (25 February 2021) in Belgium.We would like to remind you of the rules applicable to strikes:

- During a strike, performance of the employment contracts of the striking employees is suspended. Therefore, the employer has no obligation to pay salary to the striking employees for the day(s) of the strike. 

- It is strictly forbidden for the employer to use interim employees in the event of a strike. However, this prohibition is only applicable per department or per personnel category affected by the strike. For example, if only blue-collar workers are on strike, the employer can decide to use interim workers to replace white-collar employees. 

- The employer cannot discriminate against striking employees based on their participation in a strike and such participation cannot be a reason for disciplinary action or dismissal. However, certain accompanying circumstances could justify disciplinary sanctions or dismissals (e.g. sabotage).

- For employees willing to work, it is important to distinguish between (i) employees who cannot reach the workplace and (ii) employees who are able to reach the workplace.

(i) Employees who cannot reach the workplace due to a strike (e.g. public transport strike or the blockage of an industrial area) can benefit from guaranteed salary if they can prove fulfilment of the following conditions: 

a. the employee was able to work at the time (s)he was going to the workplace;

b. the action took place unexpectedly on the employee's way to work;

c. the delay or absence is due to a cause independent of the employee's will and the employee made sufficient efforts to reach the workplace;

d. the action must not be taking place within the employee’s company. 

(ii) For employees who can reach the workplace, the employer is obliged to provide work, unless it can prove that circumstances prevent it from doing so. In that case, the employer does not have to pay salary to the employees. However, they could benefit from a temporary unemployment allowance, under certain strict conditions. 

Related : NautaDutilh ( Mr. Philippe François ,  Ms. Alix de la Barre d'Erquelinnes ,  Mr. Yannick Smet )

[+ http://www.nautadutilh.com]

Mr. Philippe François Mr. Philippe François
Partner
philippe.francois@nautadutilh.com
Ms. Alix de la Barre d'Erquelinnes Ms. Alix de la Barre d'Erquelinnes
Associate
Alix.delabarre@nautadutilh.com
Mr. Yannick Smet Mr. Yannick Smet
Associate
yannick.smet@nautadutilh.com

Click here to see the ad(s)
All articles Labour law

Lastest articles Labour law

Additional and extended employment law support measures due to the Covid-19 pandemic
16/04/2021

On 13 April, the Act of 2 April 2021 on temporary support measures due to the Covid-19 pandemic was published in the Belgi...

Additional and extended employment law support measures due to the Covid-19 pandemic Read more

CSSF circular on governance and security requirements for teleworking
13/04/2021

On 9 April 2021, the Commission de Surveillance du Secteur Financier (the « CSSF »), the L...

CSSF circular on governance and security requirements for teleworking Read more

Do's and Don'ts for employers regarding COVID-19 vaccintation
13/04/2021

The Belgian government’s vaccination campaign is finally coming up-to-speed. Employers are also eager to rapidly hav...

Read more

Can employers ban the wearing of a headscarf?
12/04/2021

A neutral dress code does not constitute direct discrimination, nor does it constitute indirect discrimination on the basi...

Can employers ban the wearing of a headscarf? Read more

Lastest articles by Mr. Philippe François

Discrimination between and within a group of disabled employees
29/03/2021

In a judgment of 26 January 2021, the Court of Justice of the European Union ("CJEU") interpreted Council D...

Read more

Posted workers in the international road transport sector
04/02/2021

In a judgment of 1 December 2020, the Court of Justice of the European Union ("CJEU") interpreted Dire...

Read more

New CBA on mandatory or recommended teleworking in the context of Covid-19
03/02/2021

On 26 January, the National Labour Council signed a collective bargaining agreement concerning the terms and conditions fo...

Read more

Determination of the Reference Period for a Collective Redundancy
08/12/2020

In a judgment of 11 November 2020, the Court of Justice of the European Union (hereinafter, the "CJEU") interpre...

Read more

Lastest articles by Ms. Alix de la Barre d'Erquelinnes

Discrimination between and within a group of disabled employees
29/03/2021

In a judgment of 26 January 2021, the Court of Justice of the European Union ("CJEU") interpreted Council D...

Read more

Posted workers in the international road transport sector
04/02/2021

In a judgment of 1 December 2020, the Court of Justice of the European Union ("CJEU") interpreted Dire...

Read more

New CBA on mandatory or recommended teleworking in the context of Covid-19
03/02/2021

On 26 January, the National Labour Council signed a collective bargaining agreement concerning the terms and conditions fo...

Read more

Determination of the Reference Period for a Collective Redundancy
08/12/2020

In a judgment of 11 November 2020, the Court of Justice of the European Union (hereinafter, the "CJEU") interpre...

Read more

Lastest articles by Mr. Yannick Smet

LexGO Network