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The right to strike is recognized for every employee in the public or private sector, but under certain conditions, otherwise, the strike will be illegal. The employee is not paid during the strike. Moreover, the employer does not have the right to force him to work, but the employee can be requisitioned in certain cases. This decision is then taken by the administrative authorities.
WHEN CAN I CLAIM IT?
Every employee, whether in the public or private sector, has the right to strike. This is possible provided that the cessation of work is collective and concerted, and that the professional demands are clearly stated. The employer must be notified of the strike, although in the private sector, no notice is required.
IS THERE A SALARY DROP?
The employee is not paid during the period when he is on strike. Unions can set up a professional or interprofessional solidarity fund to provide financial assistance to striking employees. At the end of the movement, an agreement providing for the payment of all or part of the salary can be negotiated between the unions and the employer.
CAN I BE DISMISSED IF I GO ON STRIKE?
The exercise of the right to strike cannot justify a termination of the employment contract. The employee cannot, therefore, be dismissed or sanctioned, except in the event of gross negligence. Indeed, if for example, the employee prohibits access to the company to non-striking employees with violent behavior, he risks dismissal.
CAN I BE REQUISITIONED TO WORK?
An employer cannot force a striking employee to work. Only the administrative authorities can order private or public sector employees to return to work. This is the case when the strike undermines public order or the safety of the population. A minimum service has thus been put in place in transport to allow users to travel during a strike.
Société d’Avocats DAMY, Nice, The right to strike, Update 2022
