Just working from home due to strike NS? 'Not a good idea'

On Monday morning it is again a celebration for the train commuter: Dutch Railways employees put down their work because they want to enforce a better pension. There are no trains leaving from quite a few stations until 7.06 am, but the problems will continue after that as well.


On Monday morning it is again a celebration for the train commuter: Dutch Railways employees put down their work because they want to enforce a better pension. There are no trains leaving from quite a few stations until 7.06 am, but the problems will continue after that as well.

Is it advisable to say to the boss on Monday morning: "I work at home for a day?" Or do you run the risk of getting into trouble?

"No, you can't just say that," laughs labor lawyer Pascal Kruit of Boontje Advocaten. "It is the employee's responsibility to get to work. We knew well in time that this strike is coming, so you have plenty of time to find another means of transportation."

According to Kruit, a Supreme Court ruling has previously shown that commuting to work is at the risk of the employee. So it is the employee who is the victim of the strike, not the employer.

See also: NS fears 'major annoyance' all day Monday as a result of a rail strike

'Look for other options to get to work'

Employment lawyer Jasper van der Voet of Pellicaan Advocaten agrees with Kruit. "In this case you also have to look at other options to get to work. If there really aren't, go and consult with your employer."

From the point of view of being a good employer, the boss could, if that is possible, allow you a home-work day.

Although the employee is therefore responsible for commuting, in such a situation of force majeure both parties can be expected to make an effort to solve the problem.

"You can also take a day off"

So see if you might be able to go to work by bus, by car, or if you might be able to ride with a colleague. "And otherwise you can always take a day off," says Kruit

After all, if you work from home without consulting the boss, he might say that you will not be paid wages for that day. "No work, no wages, that also applies if you work at home without permission."

However, it will not be a reason for dismissal, both lawyers think. "Unless it's the umpteenth conflict with your employer," warns Van der Voet. "Then it can just be the straw."

It may come to you on a warning. "It is highly indecent to just work at home," says Kruit. "If you consult on time, there will probably be a solution. If necessary, the boss can say: take a taxi at my expense."

REF: https://www.nu.nl/economie/5792856/zomaar-thuiswerken-vanwege-staking-ns-geen-goed-idee.html

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