Astrea / News / Striking: right to guaranteed pay, a union comp...

13-02-2025

Striking: right to guaranteed pay, a union compensation or an unemployment allowance?

Publications | Karine Roobrouck, Frédérique Vermaete

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Participating in a strike (union action). Right to guaranteed pay, a union compensation or an unemployment allowance?

The employment contract of the employees participating in a strike (union action) will be suspended on that day. They will therefore not receive any pay for that day.

If they are a member of a union, and that union has recognized the strike, participating workers may receive compensation from their union.

Non-participating employees who go to work as usual will receive their normal pay.

Non-participating employees who could not work because of a strike, may be eligible for an unemployment allowance with the approval of the management committee of the RVA/ONEM, only if they

- did not belong to the work unit in which there were striking workers and

- could not have had an interest in meeting the strikers demands.

Non-participating employees who arrive at work late (or not at all) due to an unannounced public transport strike will receive guaranteed pay.

Employees who arrive late (or not at all) at work due to an announced strike on public transport will not receive guaranteed pay as the strike was announced. Should it turn out that the employee did take measures to get there, but was unsuccessful, he may be entitled to guaranteed pay.

Questions about strikes and workers‘ and employers’ rights? Contact our team Employment Law
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