Labour law

Right to strike: what you need to know?

Every employee has the right to stop work to defend professional claims. The right to strike can not lead to sanctions or dismissal if it is done in accordance with the law. However, you can suffer from a reduction of salary.

right to strike

What can you claim?
You can start a strike to enforce occupational claims, which include:

  • Your compensation (salaries, bonuses …);
  • Your working conditions (noise, exposure to harmful substances, heat …);
  • Your working time.

You can also protest against the strategies of the company, or redundancies.

To receive more information, contact:

  • The staff representative;
  • A trade union.

How much people is necessary to start a strike?
To be legal, the strike must be collective: you can not stop work alone if you do not associate a watchword trade-union. Strike implies a common desire to stop working. On the other hand, you can declare striker even if the majority of the employees decides to continue working.

What do you have the right to start strike?
You must completely stop working. You can not slow down your pace, or make only a part of your work. The strike is considered legal only if it leads to a complete halt. Otherwise, your employer can punish you.

What are the consequences of the strike on your contract and pay?
The strike suspends your work contract temporarily, which implies in particular that:

  • your employer can not dismiss you;
  • you can not receive your salary while you are on strike.

Your employer may deduct from your salary which corresponds to the duration of the strike. It can also reduce or eliminate premiums related to your presence in the company.

What are your obligations?
If you start strike, you must respect the work of non-strikers. In fact, the crime of obstruction is a cause for dismissal.

You can receive a criminal conviction if you commit damage or acts of violence during a strike. In addition, the employer and the non-strikers can seek redress in the courts.