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Whether you are an employee of the private or public sector, to strike is a constitutional right. Only, to be protected, some rules apply.
Through ThePoint.fr
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To the day before the launch of the mobilizations against the pension reform, strike notices are multiplying at the National Society of French Railways (SNCF), at the Parisian transport authority (RATP) or even in National Education. But while the French massively support this strike movement, the right to strike is subject to several rules, which differ depending on whether one works in the private or public sector.
To strike is a constitutional right for all employees, whether they are employees of the public service or the private sector, unionized or not, on the condition in particular that their demands are professional (and not political, for example). Only, whether in the private or public sector, the “go-slow” strike – that is, the fact of carrying out one’s work in a slowed down manner – is not authorized.
The right to strike in the public sector
In the public sector and in certain companies under public service delegation, a strike notice must be sent to the employer at least five clear days before the start of the strike. Generally, it is the trade union organization(s) at the origin of the movement that is responsible for sending this written document, which specifies the reason for the strike, the start time of the strike and the envisaged duration. During these five days of “notice period”, managers and employee organizations must negotiate to find a social agreement and/or organize themselves to ensure a minimum service in the territorial function.
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Also, for professions subject to restrictions or minimum service, the agent must declare himself a striker at least 48 hours in advance. This particularly concerns primary school teachers and employees working for a public transport company (RATP, SNCF, etc.). In the event of a movement seriously undermining the continuity of public service or the needs of the population, requisitions may then be made.
In addition, hospital workers may be obliged to provide a minimum service despite their strike notice. The director of a hospital establishment can also assign a striking agent to resume his service.
Only people working in a municipality of less than 10,000 inhabitants are not subject to this strike notice.
A few exceptions exist in the public service. Civil servants who ensure the operation of services essential to government action, to the guarantee of the physical security of persons or to the conservation of installations and equipment are subject to special rules. Thus, police officers, CRS, judicial magistrates, soldiers, prison staff or even transmission staff from the Ministry of the Interior must take a day off if they want to take part in a strike movement.
The right to strike in the private sector
In the private sector, the instructions are simpler. There is no obligation to file a strike notice, nor any notice period that applies. On the other hand, the employee must report himself as a “striker” on D-Day, explain his demands to his employer and not hinder the work of his colleagues or the operation of his company. On the other hand, to be qualified as a strike, the movement must be followed by at least two people in the company or respond to a national call – which is the case of the strike of January 19.
If the conditions of application of the right to strike are respected, no employee can be dismissed on the grounds that he has gone on strike. On the other hand, strike days are deducted from the employee’s salary, without however the reason for this deduction being written.
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