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With 90% of SNCF trains removed, 20% of canceled flights and disruptions in all major French cities, including Paris, going to work could be a real hassle in this "black Thursday". In this very particular context, hostile to pension reform, what are the rights of employees? The lawyer Roland Perez, that listeners usually hear in the morning of Bernard Poirette, takes stock of what you have and do not have the right to do.
Can the strike serve as an "excuse" for not coming to work?
"No, the labor code totally ignores the strike, so it's not an excuse for the labor code, but it can be for your employer if you really have no way to get to your place. If the strike continues, you must come to work by all means, because the sanctions may rain ". As for pay, the lawyer is adamant, "if you do not come to work, you will not get paid." Unless you have a day off.
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Can my employer prevent me from teleworking?
"No, he can not," unless he shows that it's technically impossible. "But it can however encourage you to do it.It is the good side of Macron orders that have set up telecommuting much easier.A simple email, a simple agreement, is enough."
Can I be forced to take my leave or RTT during the strike?
"No, except if the employer had days of leave already provided for under the rules of procedure", ie days when the company closes (schools during school holidays, for example).
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Can the employer take charge of alternative transport?
"The employer is not obliged to do it at all, but if he really wants to ensure your presence, and if he knows that by taking an alternative mode of transportation you will be there, he can finance it. prior agreement. "