If some countries have a long-standing tradition of social dialogue, France subscribes to protests, lasting conflicts and showdowns. In order to make their voices heard and to speak out against measures which they consider to be to their disadvantage, French workers essentially have the right to strike at their disposal.
A process under conditions
If this constitutional right is individual, it cannot be exercised alone. And for good reason, since it is a collective and concerted cessation of work. Therefore, at least two employees must participate in this movement. That said, a lone worker can go on strike alone in his business, as soon as he follows a call launched at national level or is the sole employee of the company.
In addition, it is not a question of stopping its activity anyhow. To be legal, the work stoppage must be complete, which excludes working in slow motion or badly (beaded strike) or to stop his tasks only at certain times (during his on-call hours for example). In addition, the movement must be followed by all the strikers and respond to professional demands. In the private sector, however, it can be triggered at any time, without notice, and without minimum or maximum duration.
The impacted salary
The participation of an employee in a legal strike leads to the suspension of his employment contract but in no case a termination. This right thus makes it possible to stop his tasks without being sanctioned by the employer. It is therefore prohibited to dismiss, discriminate against or deprive an employee of salary for this reason.
However, to the extent that workers do not honor their obligations, the manager is not required to pay them. Consequently, the remuneration and its possible extras, such as the travel allowance for example, are reduced in proportion to the duration of the strike. This absence can also be taken into account to lower or cancel a premium. But be careful not to calculate too broad: excessive deduction of wages is prohibited. The reason for the strike cannot appear on the pay slip. Only the indication "unpaid absence" keeps track of non-payment for these hours.
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