Transport strike: what rights for the employee?

Verified 10 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)

In case of transport strike, the employee may be late or unable to go to work.

The employee can it be sanctioned? if it is absent because of a strike? Is it possible a payroll deduction in case of delay or absence? The teleworking is it possible? Other measures can they be considered?

We present you with the information you need to know.

No, the employee may not be penalized if he notifies his employer his delay or absence. IHe must justify his impossibility to go to work.

The employer must be informed by any means (telephone call, SMS...). The proof provided may be a certificate issued by the transport company for example.

No, the employee shall not be paid during his absence.

Deduction from salary must be strictly proportional the duration of the absence.

Example :

If the employee is 20 minutes late, the payroll deduction will be 20 minutes of work.

Please note

of treaty provisions may provide for the salary to be maintained during this period of absence.

Yes, the teleworking can be implemented on single agreement between employer and employee. Oral agreement is possible, but written highly recommended in order to avoid any dispute.

The employee's duties must be compatible with teleworking.

Please note

the employer cannot impose telework on the employee. Nor is he obliged to accept a request for telework from the employee on the day of the strike.

If the employee already has a day of telework which does not correspond to the day of strike, an agreement between the employer and the employee is necessary to change the telework day.

If teleworking is not possible, the following measures can be implemented agreement between employer and employee :

  • Taking a day of paid leave
  • Taking of a day of reduction of working time (RTT) if the employee benefits from it

Please note

the employer may recover the hours of work not performed on the day of the strike on another day of the week except working hours are specified in the contract of employment.

He can propose other solutions. It may decide to set up shuttles or an app to facilitate carpooling between employees.

He can also cover the additional cost of using other means of transport (taxi, VTC: titleContent) or accommodation costs close to work.

Please note

if no solution can be found and the employee cannot go to work, he will not be paid.

No, the employee may not leave his post before the end of his working day. However, it is possible if he obtains the agreement of his employer.

The employer is not obliged to pay his employee beyond the initial period of his assignment.

He remains in a situation of displacement without it being hard actual working time.

If the employee provides proof, the company must reimburse all costs relating to the employee's accommodation and/or meals.

In agreement with his employer, the employee may be authorized to use another means of transport (e.g. air, taxi, car rental).

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