Strike this Tuesday, March 7: can I refuse a business trip because of disrupted transport?
On the eve of a sixth day of actions which promises to be very well attended against the pension reform, the French must prepare to live 24 hours in a country “at a standstill” as promised by the unions. The government has already encouraged those who could to telework.
Of very strong disturbances are planned in urban and rail transport, all the unions having called for a renewable strike at the RATP and the SNCF, from Tuesday. For the Minister of Transport, Clément Beaune, it will even be “one of the most difficult days we have known”. In this context, can an employee refuse a business trip during a strike day?
“In principle, you cannot refuse a business trip, advances Caroline André-Hesse, labor law lawyer. Certain imperatives cannot be replaced by a videoconference. If the employer considers that we have to travel, we are supposed to do so. On the other hand, the employee can show his superior the difficulties he encounters in carrying out this journey. »
Flexibility in the face of an exceptional context
In which case can a trip be strictly refused? “Declining a trip or a professional appointment remains possible in the event that there is a risk to the health of the employee or to his safety. The strike involves neither one nor the other,” observes Corinne Metzger, a lawyer specializing in individual and collective labor law.
Still, the exceptional situation linked to the strike and the disruption it entails obliges employers to be more flexible. “If you have no way to get to a meeting or an appointment outside, your hierarchy cannot take it into account, assures Corinne Metzger. A dialogue must then open with his superior to better understand the situation: how can I do otherwise? Can I reschedule this appointment? Is it possible to do it by videoconference? »