Action day on 14 December – what wages do workers receive?

In response to the various measures taken by the government, the trade unions have launched a joint call for a day of action on Friday 14 December 2018.

As a result, business activity may be disrupted on that day because certain workers will stop work and/or because of picket lines preventing other workers from getting into their workplace.

Public transport is also likely to be severely disrupted. Major traffic jams are expected on the roads.

Some workers will therefore arrive late or will be unable to get to work at all.

Does an employer have to pay staff for the hours 'not worked' due to this strike action?

ABSENCE FROM WORK DUE TO STRIKE ACTION RELATING TO THE COMPANY

Striking workers

The employer must not pay wages to the striking workers on 14 December.

Striking workers who are trade union members may receive a day’s ‘strike pay’ paid by their union provided that it has recognized the strike.

Non-striking workers who are prevented from working

No wages will be paid to non-striking workers who are prevented from working because of:

• a strike action in which they do not participate and to the extent that the employer can assign no other tasks;
• pickets at the entrance of the company (or an industrial zone);
• a strike action in another company (supplier, customer, subcontractror, ... of the company).NB! For granting this authorization, the managing committee examines in particular whether the workers belong to the work unit in which there are striking workers and whether they may have an interest in the outcome of the strikers' demands.

These workers may receive temporary unemployment benefits due to strike action on condition that the managing committee of the ONEm(National Employment Office), approves.

ABSENCE FROM WORK DUE TO STRIKE ACTION ON PUBLIC TRANSPORT

Principle

Under Article 27, 1° of the Employment Contract Act of 3 July 1978, full daily wages are due to the worker if, at the time of reporting to work, he is able to work and if he, getting to the place of work in a normal way, arrives late or fails to turn up at all, provided that this delay or absence are due to a cause that occurred on the way to work and that is independent of his will.

Application

Workers who arrive late or do not arrive at all at their place of work because of the strike action of public transport staff can, in principle, not be entitled to wages for the hours not worked.

The strike actions were in fact announced several days ago. The media widely reported this information. The reason for the delay or absence at work (strike by public transport staff) is therefore not unexpected and comes before the worker's departure. Consequently, the worker could have made alternative arrangements to arrive to work on time.

=> Still, a good degree of common sense and understanding is required. Even if the worker takes all necessary measures (e.g. leaving earlier), he is not always sure whether he will arrive to work on time. It is also possible that the worker cannot make it into work because it is impossible to use his own car, he cannot be taken to work by a colleague or go on foot.

IMPORTANT REMARK

To avoid any subsequent dispute, employers are strongly urged to notify all their workers in advance that no wages will normally be granted to any worker for hours not worked on Friday 14 December 2018, either as the result of participation in strike action, inability to work due to strike action in the company (or in a third company) or a strike by public transport staff.

Workers who do not wish to suffer any loss of pay may, by agreement with their employer, take a day’s holiday or time off in lieu.