They witness
- Anne-Lise Castell, jurist at Éditions Tissot, publisher specializing in employment law.
- Romain Miralles, social law expert at SVP
I am a manager, can I go on strike?
Yes. Fortunately, the right to strike does not depend on your socio-professional category. “The right to strike is a right with constitutional value recognized for all employees in the company. No collective agreement can prohibit or limit the right to strike. The same is true for the employment contract, ”says FO Cadres. So, yes you can go on strike without fear of being penalized by your employer.
You might be interested:
Should I inform my employer of my intention to strike?
Anne-Lise Castell
“Private sector employees wishing to strike do not have to inform their employer of their intention, unlike those in the public sector. The employer must, on the other hand, be aware of the claims at the time of the work stoppage, ”insists Anne-Lise Castell, lawyer at Éditions Tissot, publisher specializing in social law.
If I go on strike, will I be paid normally?
“In principle, nothing obliges the employer to maintain the wages of staff on strike since the employment contract is suspended. He can therefore make a deduction from salary corresponding to the duration of the absence for strike, qualified on the pay slip as “unpaid absence”, specifies Anne-Lise Castell. However, it may be that, in the context of an end-of-strike agreement or when your employer has committed a serious and deliberate breach, your loss of salary will be compensated.
If you are on a day plan, this is how the payroll deduction will be calculated
According to case law of the Court of Cassation (November 13, 2008 n°06-44608)in the absence of a collective agreement having fixed other terms and conditions, the deduction from wages in the event of a strike by an employee on a daily basis is calculated on the basis of a fictitious schedule when the strike is for a period of less than one day full or half day.
“A deduction from wages must be able to be made when the employee goes on strike for less than half a day or a day. The employer can return to a fictitious hourly basis to determine the amount of the salary deduction”, explains FO Cadres.
An example rather than long speeches
An employee on a day plan receives 4,166.67 euros per month over 12 months for 218 days worked. A working day is therefore equivalent to 199.20 euros. The employee goes on strike for 2 hours. The collective timetable applicable in his establishment is 35 hours per week and 151.67 hours per month.
- The fictitious hourly wage rate of the employee is equal to 4166.67/151.67 = 27.47 euros
- The employer can therefore deduct 27.47×2 = 54.94 euros from the employee’s monthly salary for this strike.
(Source FO executives)
I want to go on strike but not lose pay, can I take a day off or an RTT day?
Romain Miralles
“Yes, but that changes the nature of the absence. Taking a leave is not a method of carrying out the strike. The employee will not be considered as a striker, he will be on leave, ”underlines Romain Miralles, social law expert at SVP. In this case, you will be paid normally.
If I go on strike, will I be “on file”?
A company has no obligation to provide a list of strikers to the State or any other organization during the national movement. “The fact of transmitting this personal data would even be contrary to the European regulation on the protection of personal data (RGPD)”, observes Romain Miralles.
On the other hand, in off, you could be cataloged striker by your employer. But he would take it very badly: if by chance, during a dispute, the latter referred to it, you could plead discrimination.
You might be interested:
Because of the national movement, especially in transport, I risk arriving late for my job. Will I be sanctioned? Paid ?
“An employee who is absent or late due to the transport strike does not commit a fault. The employer cannot therefore sanction him. The employee must however inform him of his absence, ”warns Anne-Lise Castell, from Tissot Editions.
Unless there are specific provisions in the collective agreement or internal regulations, your employer is not required to pay you for your hours of absence. But other solutions can be envisaged for the employees prevented by a strike in order to allow them not to lose wages. We obviously think of teleworking that day, of being able to take a day off or RTT. Or even the possibility that your employer has of setting up carpooling, or a shuttle system. It is also possible to make you recover the hours lost by leaving a little later in the evening.
You might be interested:
