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I couldn't get to work because of a strike: can my employer dock my pay?

Couldn't get to work because of a strike? The hours missed are usually unpaid, but a full-day deduction, a leave day taken or a warning can be challenged.

Updated · 5 min read

In most countries the hours you did not work on a strike day are unpaid, and that is lawful. France says the deduction must be strictly proportional to the time missed. The UK says the employer need not pay, but expects flexibility. Austria says you usually keep the pay if you looked for another way in and told your employer. What you can challenge almost everywhere is a full day deducted for three hours missed, a holiday day taken without asking, an "unjustified absence" on your record, or a warning when you warned them and have proof.

What to do on the day

Tell your employer as early as you can, in writing, that the strike stops you getting in, what you have tried and what you propose: working from home, starting late, making up the hours. A text message counts in France. Then save the proof while it still exists: SNCF issues a delay certificate for TER and Transilien trains, ÖBB prints one by train number and stop, DB confirms a delay on the Fahrgastrechte form, CP issues one on a valid ticket, and a dated screenshot of the cancellation does the job too. Early notice and proof decide almost every case that follows.

The rule, country by country

Country Pay for the hours missed What is protected
France Unpaid, strictly proportional to the time missed No sanction if you warned the employer and can justify the impossibility
UK Unpaid unless the contract says otherwise Flexibility expected: home working, making up time, holiday or unpaid leave
Germany Unpaid under BGB section 616 Leave follows your wishes
Austria Usually paid, if you sought alternatives and told the employer No leave or time off in lieu has to be used
Belgium Paid after a strike that broke out suddenly, not an announced one Occasional telework can be requested; a refusal must be in writing
Spain Unpaid Only repeated, unjustified absences are a dismissal ground; no pay cut beyond the time missed
Italy Unpaid No disciplinary measure without a written charge and a hearing
Portugal Unpaid if unjustified; a justified absence keeps your rights Report as soon as possible or the absence becomes unjustified
Poland Unpaid Only a reprimand or a warning, in writing, after hearing you

The deduction and the leave day

The most common error is a full day deducted for a late arrival. You missed three hours of a seven-hour day; the payslip shows seven. In France the deduction must be strictly proportional. Elsewhere it is simply wrong arithmetic, and employers correct it when you show the hours you worked. Ask for the correction in hours and in money, from your own pay rate, so nobody has to do the sum.

Some employers quietly book the day as holiday instead. In France, Spain, Portugal and Poland leave dates are fixed by agreement, so a day booked without you can be reversed. In Germany leave follows the employee's wishes. In the UK holiday can be required only with twice as much notice as the holiday itself, which a strike day never gives.

A warning or an "unjustified absence"

The record matters more than the money. In France, an employee who warned the employer and can justify that it was impossible to get in cannot be sanctioned. In Spain only repeated and unjustified absences are a ground for dismissal. In Italy nothing can be imposed without a written charge and a hearing. In Poland the only penalties are a reprimand or a warning, after hearing you. A one-off absence with early notice and proof is a weak case for a sanction anywhere; answer it calmly, in writing, inside the deadline.

How to put it right, step by step

  1. Get the facts straight. The date, the hours missed, the time you told your employer, what you tried, and what the payslip or absence record shows.
  2. Work out the correct deduction. Hours missed times your hourly rate. Put the sum in the message.
  3. Propose the fix first. Making up the hours, home working on future strike days, or an unpaid absence correctly recorded. Employers say yes to a fix far more often than to an argument.
  4. State the rule once. service-public.fr in France, the Acas guidance in the UK, BGB section 616 in Germany. One sentence, no threat.
  5. Give a date. Seven to ten days, before the next payroll cut-off.
  6. Chase, then escalate inside. One line the day after the date, then HR or the next manager up, with the works council or union involved.

The message to send

Subject: Strike day 5 November 2026: deduction of 7 hours, request to correct to 3

Dear Ms Lefort,

On Thursday 5 November 2026 every TER from Vienne was cancelled by the strike. I had written to you on 3 November proposing to work from home that day, and I texted you at 07:10. I found a lift and worked from 11:30 to 18:00, so I missed 3 hours of my 7-hour day. The SNCF certificate and a screenshot of the cancellations are attached.

My November payslip deducts a full day, 7 hours (€126), and records the day as an unjustified absence. service-public.fr states that an employee who warns the employer and can justify the impossibility of getting to work cannot be sanctioned, and that any deduction must be strictly proportional to the time missed.

Please correct the deduction to 3 hours (€54) on the December payslip and record the absence as justified. For future announced strike days I would be glad to work from home.

Please confirm by Friday 11 December 2026.

Swap in your own hours, dates and proof.

Time limits if it goes further

A pay dispute can wait a little; a sanction or a dismissal cannot. France: three years for unpaid wages at the conseil de prud'hommes, twelve months for a dismissal. UK: notify Acas first; six months minus one day for a problem on or after 1 October 2026. Germany: three weeks from the written notice to reach the Arbeitsgericht. Austria: two weeks. Spain: 20 working days, after conciliation at the SMAC. Italy: a written challenge within 60 days, then court within 180 days. Portugal: 60 days. Poland: 21 days for a termination, seven days to object to a penalty. Before any of that, the labour inspectorate takes complaints about pay, and a union, Acas or the Arbeiterkammer will tell you whether the case is worth it.

The short version

The hours you missed are usually unpaid, and that is lawful. Everything else is open: a deduction bigger than the hours, a holiday day taken without asking, an unjustified absence on your record, or a warning when you warned them and have proof. Tell your employer early, save the certificate, propose a fix, state the rule once and give a date.

I couldn't get to work because of a strike: can my employer dock my pay?
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Questions

Can my employer give me a warning for missing work because of a strike?

In France, no, if you warned the employer and can justify that it was impossible to get in. Elsewhere a warning still has to follow the procedure, and a one-off absence with prompt notice and proof is a weak case for one.

Can they take the day from my holiday?

Not without your agreement in France, Spain, Portugal and Poland, and in Germany leave follows the employee's wishes. In the UK an employer can require holiday only with twice as much notice as the holiday taken.

What proof do I need?

The transport operator's certificate or a dated screenshot of the cancellation, plus the message that told your employer, with its time. SNCF, ÖBB, DB and CP all issue delay certificates.

How long do I have to challenge a deduction or a dismissal?

It depends on the country: three years for a pay claim in France, six months minus one day for a tribunal claim in the UK for a problem on or after 1 October 2026, three weeks for a dismissal in Germany, 20 working days in Spain, 60 days in Italy and Portugal, 21 days in Poland.

General information, not legal advice. Rules change and depend on where you live: check the official source before you rely on a date or an amount.

Sources

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