MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
A strike can bring your business to a standstill, but employees have the right to strike under certain conditions. As an employer, you may not punish or dismiss striking employees for a lawful strike. However, it does apply that anyone who strikes is not entitled to wages for that period. Act carefully to prevent the situation from escalating.
The right to strike
Employees have a right to collective action, including striking, which stems from the European Social Charter. In principle, a strike is lawful if it meets certain conditions, such as being aimed at terms of employment and being used as a 'last resort'. Under certain circumstances, the court may restrict or prohibit a strike.
No pay during the strike
Employees who go on strike do not perform work and, in principle, are not entitled to wages for that period ('no work, no pay'). Employees who do not participate but are willing to work (willing workers) retain their right to wages. Keep careful records of this distinction.
Do not punish or fire strikers
You may not sanction or dismiss employees for participating in a lawful strike. If you do, you are acting unlawfully. Hiring temporary agency workers to replace strikers (scab-ing) is also generally not permitted. Therefore, adhere to the rules, no matter how unpleasant the strike is.
How do you deal with it?
Maintain dialogue, limit the damage where possible (inform customers, reschedule deliveries), and seek legal advice regarding what is and is not permitted. A careful and correct approach prevents the conflict from escalating or you becoming liable yourself.
Frequently Asked Questions
Am I allowed to dismiss striking employees?
No, not for participation in a lawful strike. That would be unlawful.
Do I have to continue paying striking wages?
In principle, no: whoever goes on strike does not perform work and is not entitled to wages for that period. Those willing to work retain their wages.
Am I allowed to use temporary workers to replace striking workers?
In principle, no; replacing strikers with temporary agency workers (scab-taking) is generally not permitted.
Need help with a labor dispute or strike?
Our legal experts and lawyers advise on your rights and obligations. View our employment lawteam, have policies documented in your employee handbook, or schedule a free consultation.
