General strikes: what are the (limited) foster solutions for darons?

On January 31, France goes on strike once again to protest against the pension reform. Many parents support this movement that fights for their rights, but those who work that day must find emergency solutions to guarantee the care of their children. Although the law provides them with a reception service, in practice they often have to make arrangements with an employer who is not required by law to welcome them.

What measures are planned to accommodate children?

In theory, childcare for school-age children should be provided in all cases. Under the 2008 law, when the institution has less than 25% teachers on strike, students are sent to open classes. If more than 25% of the workforce is mobilized, the municipality has the obligation to take over. It can, for example, mobilize external personnel to take the children into the school itself or into a municipal collective structure. All information regarding the social movement must be posted in advance on the front of the school and also communicated to the representatives of the pupils’ parents.

In practice, not all municipalities have the means to apply this protocol, especially when the number of strikers is high. Families then have to take over.

Go ahead and count on your employer’s flexibility

In an emergency, parents can reach an agreement with the employer. Unfortunately, as Maître Éric Rocheblave, an employment lawyer, deplored last year on the site of the Free lunch :

In this situation, there is no taxable right for the employer (…) [En France] Ithere is no permission for the strike‘.

Le Midi Libre, 12 January 2022

You must therefore count on the flexibility of your management to evaluate alternative solutions such as teleworking, the RTT/vacation system or the subsequent recovery of lost hours. All these solutions can only be implemented with the prior agreement of the employer. Some parents may even take their children to work. Nothing prevents them from doing so, apart from specific regulations, as long as the employer authorizes this exceptional presence.

Ignore management rejections and stop?

For those who would be tempted to stop work and have a day of service, the lawyer warns: ” It is quite serious and can lead to unethical lawsuits for the doctor. “.

If an employee misses work without “just cause”, or is sent home after showing up with their child despite a refusal, that day will be counted as “unexcused and unpaid absence”. Such absence may constitute grounds for dismissal, although in practice, such an isolated event very rarely leads to such a fine.

In short, there are no miraculous solutions and parents are advised above all to contact their employer to find a solution. They can also approach other parents in order to organize shifts according to everyone’s availability. Finally, even if the situation is frustrating, we do not blame the strikers who fight for our rights, and rather deplore the lack of consideration of some companies towards their employees, parents and non-parents.

Photo credit image of one: Pixelshot

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