During a strike, the company grinds to a complete halt. After all, that is the very concept of a strike: using an unauthorized action to make management change their minds. It causes companies many problems. For instance, they cannot deliver on time and their image might take a hit. Due to staff shortages, it is all hands on deck in many sectors and work pressure is high, which increases the risk of a strike. If you are faced with a strike, it is important to know how this is regulated by law.
Striking is permitted and may not be prohibited
An employee performs services and receives a wage in return. In doing so, an employee must behave loyally towards the employer and, for example, follow reasonable instructions. This seems inconsistent with strikes, where an employee ignores the employer's instructions and lays down work. Nevertheless, striking is permitted in our country, and rightly so. The right to strike, to take collective action, is even enshrined in the European Social Charter. An employer may not prohibit his employees from striking. Therefore, no disciplinary measures may be taken against striking employees, unless, of course, they have behaved in a serious manner.
Unlawful strikes are prohibited
With strikes, we can distinguish between an organized strike and an unofficial strike. Most strikes are organized strikes. Workers' unions are often involved in these. These parties organize the strike, ensure that it runs smoothly, and announce the strike in advance. The employer can then let customers and suppliers know that they should not expect too much that day. Sometimes a strike also breaks out spontaneously, often following a sudden event. In that case, we speak of an unofficial strike.
In principle, an employer must be informed of the strike in advance. The legislator therefore prefers an organized strike. This is only logical, as it allows the employer to limit disruption and gives him the opportunity to avert the strike. For example, he can accommodate the staff's demands. That is precisely why employee associations will make their demands known prior to the strike and open the doors to consultation and negotiation.
An unofficial strike is, in principle, an unlawful strike. This is also the case if a trade union fails to engage in dialogue and negotiation. The principle is that striking is a last resort, after dialogue, negotiation, and litigation. If a strike is unlawful, the court can prohibit it.
No obligation to continue paying wages during a strike
During a strike, an employee no longer performs work. The employee indicates that they do not wish to work, and therefore the employer has no obligation to continue paying wages. Some employee associations maintain a strike fund and award compensation to strikers. This prevents strikers from resuming work too soon because they are not receiving wages. Once the strike has ended, the employer must, of course, resume paying wages.
It is also possible that during the strike, there are people who simply want to work. Sometimes these people cannot work because colleagues, for example, block access roads. Generally speaking, they are not required to receive wages in such cases either. It is simply difficult to distinguish between strikers and people who want to work but are unable to. If those willing to work actually do work, they are, of course, entitled to wages.
Strikes and temporary workers
As an employer, you may ask willing workers to come to work or to take over the work of striking colleagues. What is not allowed, however, is seeking external help from, for example, a temporary employment agency. The agency may not supply personnel to mitigate the consequences of a strike. Often, an employer states in the temporary employment contract that they are not engaging temporary workers for this reason. In this way, the agency covers itself somewhat, because, naturally, they do not always know everything that is happening within your company.
Legal advice regarding strikes
Are you facing an announced or wildcat strike? Do you want to know your rights and obligations and what to do now? Then it is a good idea to speak with a legal expert. We will answer your questions and provide appropriate advice. We can also assist you if, for example, you wish to take disciplinary measures or dismiss an employee after they have seriously misbehaved during the strike.
