Strikes and demonstrations can disrupt workers' journeys and pose challenges for employers in terms of organisation, continuity of activities and absence management.
When an employee is unable to get to work due to major transport disruptions, a number of Belgian employment law rules apply. Understanding these rights and duties allows companies to anticipate the impact on their business and adopt a pragmatic approach to limit disruption.
General principle: payment of wages and force majeure
An employer is obliged to pay a worker's full daily remuneration if he or she is fit to work and is normally on his or her way to work, but is delayed or prevented from doing so. This obligation applies provided that the delay or absence is due to a cause beyond the employee's control and occurs on the way to or from work.
Specific cases and workers' obligations
- Participation in a strike or demonstration: A worker who decides to take part in a demonstration or strike is not entitled to compensation for time not worked.
- Absence or delay caused by disruptions known in advance: When disruptions are announced in advance (massive traffic jams, public transport disruptions), workers are required to make the necessary arrangements to arrive on time. Consequently, a delay or absence due to a foreseeable situation does not, in principle, give entitlement to remuneration.
- Public transport strike: When a public transport strike is announced several days in advance, workers must plan ahead and find alternative solutions (private vehicle, car pooling, other means of transport). However, if they demonstrate that it was objectively impossible for them to reach their place of work despite all the reasonable measures taken, the employer may show understanding and flexibility.
Alternative solutions
If an employee cannot avoid absence or delay, several solutions may be considered:
- Teleworking, if the job and the company allow it.
- A day's leave or recuperation, in agreement with the employer.
- Justified unpaid absence, if no other option is possible.
In practice, prior consultation helps to avoid conflicts and ensure the continuity of the company's activities under the best possible conditions.
By Daniel Binamé, Development and Partnerships Manager, Partena Professional
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