Against the pension reform, the unions gain strength this Tuesday for this 6th day of mobilization. In addition to the large demonstrations that are expected throughout France, they also count on renewable strikes in many sectors to break the government. The opportunity to return to the functioning of the workers’ strike, its limits and its consequences.
• What does the law say?
A strike corresponds in law to a “collective and concerted work stoppage, whose objective is to support professional demands.” It is characterized by a total stoppage of work for a period that can vary. Therefore, it can be of short duration (1 hour or even less) or spread over a long period (several days or weeks).
Even according to the Labor Code, being unionized is not mandatory to go on strike. It is a fundamental and constitutional right since 1946.
A right that, therefore, applies to all people with the exception of certain professions: military, active officials of the National Police, judicial magistrates, prison administration personnel and transmission personnel of the Ministry of the Interior.
Students and high school students are not salaried and therefore cannot go on strike.
Finally, “no worker may be penalized, fired or subjected to a discriminatory measure for the normal exercise of the right to strike,” the article indicates. L1132-2 of the Labor Code.
• How to declare a strike in the private sector?
For private sector employees, a strike can be called at any time and employees who want to exercise this right do not have to give notice. You are also not required to notify your employer of your absence.
However, the employer must be aware of the claims made at the time of the work stoppage.
When it comes to a national and interprofessional strike, as is the case now, the collective demands mentioned in the national call are enough.
For the good organization of the company, informing by mail (or orally) to your address or to your manager the day before or the morning of the strike before your start of service is not mandatory but welcome.
Once “strike”, the private sector employee can choose the duration, can choose to go to a demonstration or stay at home. Or even go on strike at her workplace as long as she does not prevent her non-striking colleagues from working.
• How to declare a public strike?
For public sector employees, things are a bit different. The notice must be submitted by one or more representative trade union organizations, at least five calendar days before the start of the strike.
You must specify the demands, the place, the date and the expected duration of the strike. During this notice period, management and unions are required to negotiate.
For those whose profession is subject to restrictions or minimum services (primary level teachers, hospital or public transport workers, nursery staff, etc.), it is mandatory to go on strike at least 48 hours in advance.
And if the number of non-striking employees is insufficient to provide a minimum service, management can request staff to provide this minimum service, as in hospitals for example.
• What is prohibited once on strike
While striking employees may occupy their premises, they are prohibited from blocking access to non-striking workers or setting up deterrent pickets. Any looting is obviously prohibited.
The exercise of the right to strike cannot be synonymous with illegal acts such as the use of violence against company personnel or management, or the pressure and violence exerted against non-striking workers. Or even worse, kidnappings or sabotage.
These acts considered as “abuse of the right to strike” can be considered as gross negligence and can therefore be sanctioned (warning, dismissal, even dismissal).
• What are the consequences for my compensation?
In the private sector, a deduction is made from the salary corresponding to the duration of the absence. At the same time, the employment contract is suspended, which means, for example, that in the event of an injury during a strike, this will not be considered as an accident at work.
It is always possible to request an RTT or paid day off to participate in a strike without deduction from wages. But officially, the employee in question will not be on strike but on leave.
In the specific case of staff representatives, contact the strike does not suspend his mandate. These elected officials can therefore set proxy hours during strike time, without affecting their salary.
In the state civil service, the salary deduction is fixed and corresponds to 1/30 of the monthly remuneration, even if the duration of the strike is less than one day.
In the hospital and territorial public service, this deduction is proportional to the duration of the strike (ie, 1/60 of a day for half a day of absence).
• On strike, can you get financial help?
As we have seen, going on strike can be costly, especially with repeated and long-term actions like the current one. To support the strikers, the unions created strike funds or pots.
Some centers, such as the CFDT or the FO, have permanent funds fed by part of the membership fee.
In the CFDT, for example, the budget for 2023 foresees “one million euros”. “We have a reserve that everyone is talking about, of 140 million euros, set aside for 50 years” in which it could be withdrawn if necessary, details Jean-Michel Rousseau, head of the fund at AFP.
With this system, “we know from the beginning of the conflict that we compensate 7.70 euros per hour,” he explains.
However, be careful, unions set certain conditions to benefit from it as a striker. In the CGT, “unionized or not, you have to have two consecutive days of strike,” Romain Altmann, from Info’Com CGT, told AFP.
Source: BFM TV
