After two days of paralysis because of the social movement against the pension reform, the lawyer Roland Perez reviews the rights of employees during a strike. Do they have the right to arrive late, not to move or to request to work from home?


The two-day strike and paralysis related to the social movement against pensions prevented many employees from working normally, Thursday and Friday. While the challenge will continue at the beginning of the week, what are the rights of employees in this type of situation? What happens if they arrive late or can not come to work? Can they telecommute? The lawyer Roland Perez takes stock.

Call to prevent a delay

Employees must do everything to come to work: the Labor Code ignores the consequences of strikes on employment and does not excuse employees. A priori, given the wide dissemination of information on the cancellation of trains, or certain metro lines, they can not however be sanctioned if they have no way to get to work : the impossible no one is bound !

The dates of the strike being known upstream, another option to cover is to negotiate with his employer to take a day or several days of RTT or leave. For the bravest who would be late due to traffic jams or the minimum service in transport, employees are not penalized. They just have to call their employer to prevent.

Telework for certain trades

What about telecommuting? It has been simplified with the coming into effect of the Macron Orders in 2017, since it is enough for a simple agreement between the employees and the company to set up work from the employee's house on an ad hoc basis. An email or a letter noting the agreement does the trick.

It must however be physically possible: does the employee have an internet connection, a computer? Is the data of his post accessible? We have to check all this ... provided of course that the post occupied allows telecommuting! A salesman in a physical business, a nurse in a clinic or a host for a reception service will not be able to to benefit from it.

No systematic refund of taxis

Those who would hope to be reimbursed a VTC, a taxi or a carpool fee will be disappointed however: the employer is not required to refund the price of these special transport, unless prior agreement. Also in terms of money, companies are not required to pay the days of absence or late hours of employees facing strikes ... except for connective agreement or company agreement.