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. 

Zie ook : 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
[email protected]
Ms. Alix de la Barre d'Erquelinnes Ms. Alix de la Barre d'Erquelinnes
Associate
[email protected]
Mr. Yannick Smet Mr. Yannick Smet
Associate
[email protected]

Alle artikels Arbeidsrecht

Laatste artikels Arbeidsrecht

Returning to the workplace – Part 4: Now you see me, now you don’t … Monitoring teleworkers...
31/07/2021

The pandemic has given an enormous boost to working from home, in particular (to state the obvious) when it was mandatory....

Read more

Coronapremie is er!
29/07/2021

Vandaag zijn in het Belgisch Staatsblad de regels rond de coronapremie verschenen. 

Read more

Belgium extends and enhances paid bereavement leave
28/07/2021

On 15 July 2021, Belgium published the law of 27 June 2021 "extending bereavement leave in the event of the death of ...

Belgium extends and enhances paid bereavement leave Read more

Nieuw hoofddoeken-arrest van Europees Hof van Justitie
27/07/2021

Verfijning voorwaarden voor neutrale dresscodes

Nieuw hoofddoeken-arrest van Europees Hof van Justitie Read more

Laatste artikels van 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

Laatste artikels van 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

Laatste artikels van Mr. Yannick Smet

LexGO Network