What do you do if you are taken out on strike?
What should you do if you are taken out on strike? What happens to your salary, and can you take holiday as planned? Here you will find answers to questions about strikes.
Frequently asked questions about strikes
Hvem bestemmer hvem som tas ut i streik?
It is NITO, possibly in consultation with the main confederation*, and local union representatives who decide which groups are to be covered by a strike.
After this, the local strike committees will consider which groups/people should be taken out if there is a conflict. It is important to shield third parties as much as possible. The goal is to hit the employer as hard as possible financially – not the customers/patients.
Members who are on vacation, leave or similar when a strike starts will not be taken out in the first instance. Persons who have applied for/are about to retire with AFP early retirement pension must be excluded from the conflict.
* Akademikerne i stat og kommune and SAN i Spekter. In the private sector, this is decided by the central collective bargaining committee NITO Privat.
Når får jeg vite om jeg skal streike?
Those who may be taken out on strike will be notified four days before the mediation deadline (or escalation) of this. If you have received notice that you may be going on strike, you will receive an SMS at the mediation deadline whether there will be a strike or not.
You should not go on strike until you have been told to do so. The mediation can go overtime. Then you have to go to work that day until you are told otherwise.
If you have not received such a notification, you must go to work until you hear otherwise. A strike can be escalated, but always with four days' notice.
A strike can be escalated with four days' notice. So even if you are not taken out in the first phase of the strike, you can be taken out by escalation. You will then be notified of this.
If there is a strike, and you have not received notice, there are still things you should take care of - but we will provide more information about this if there is a strike.
Hva forventes av meg når jeg er i streik?
- When you have been taken out on strike, you are at NITO's disposal for the duration of the strike.
- As long as the strike lasts, you cannot choose to go back to work.
- As long as the strike lasts, you cannot resign from your position.
- You will not be exempt from the strike even if you terminate your membership in NITO. A resignation received after the strike has been announced will only be effected after the strike has ended.
Hva er streikevaktenes oppgaver?
- Make sure that members who have been taken out on strike do not perform work for the employer.
- Ensure that members who are not on strike are allowed access to the workplace.
- Prevent the employer from expanding staffing at the individual strike locations or making an expansion of the work tasks of those who are not on strike.
- Prevent strikebreaking, i.e. ensure that those who are not on strike do not take over the strikers' tasks.
The employer has the right to deny pickets access to the workplace. However, this is not very common.
If the pickets see that someone else is doing the job someone who is on strike should have done, they should not intervene themselves, but contact the strike committee. The strike committee will take the matter further with representatives from the employer.
The pickets must keep in close contact with the local strike committee at all times.
The number of pickets is assessed locally based on the expected scope of the strike.
Hva skal du som ikke streiker gjøre?
If you are not on the list of those who have been taken out on strike, you have the right and duty to continue your normal work. The main rule is that the strike neither restricts nor extends the work obligation of employees who are not covered by the strike. In other words, you should do your job as usual, neither more nor less.
If you are not on strike, you cannot be ordered to carry out the work of those who are on strike. If this happens, it will be perceived as strikebreaking.
Redeployment of workers who are not on strike to fill the place of the person on strike must be perceived as strikebreaking and cannot be accepted. This also applies to changes in shifts or work schedules and the use of staggered working hours. In such cases, the employer must instead apply for an exemption from the strike for individuals.
Hvordan forholder jeg meg til arbeidsgiver når jeg er i streik?
Formally, your employment will be temporarily suspended when you are on strike. This means that all obligations your employer has towards you cease during the period the strike is ongoing, for example, payment of wages stops and holiday is not granted.
During the strike, all normal contact with the employer ceases, except for applications for exemptions.
All communication between the strikers and the employer must take place through the strike committee during the strike. It may be appropriate to have daily meetings with the administration at the enterprise/workplace affected by the strike.
If questions arise about exemptions, rescheduling of working hours, etc. from others than the enterprise's top management (designated employer representative), these must be referred to the enterprise's management.
Hvordan får jeg informasjon under streiken?
It is the local strike committee that is responsible for informing those who are on strike. Information should preferably be provided at daily strike meetings and by the strike committee being regularly out among the pickets.
Kan arbeidsgiver permittere arbeidstakere under streiken?
Yes, the employer can lay off employees who cannot be employed in a rational way due to the strike. In such cases, special notification rules apply. The conditions for layoffs must nevertheless be assessed in relation to the main agreement.
Read more about conditional layoff notice in the event of a strike (link to come)
Also read on nav.no: Layoffs in the event of a strike
Hvordan avsluttes streiken?
A strike ends in one of the following ways:
- The employer meets the employees' demands.
- NITO* chooses to end the strike.
- The parties meet at the negotiating table again and reach an agreement.
- If there is a risk to life and health, there may be a so-called forced wage tribunal. Then the Storting intervenes and demands the strike be ended.
- The parties may also agree on a voluntary wage tribunal. This typically happens if the parties see that they are unable to reach a solution themselves. Then it is the National Salary Tribunal that finds a solution to the conflict.
You will be notified that the strike has ended via email and text message.
The strikers must be prepared to return to work quickly at the end of a strike, normally the next morning.
*or Akademikerne i staten og kommune or SAN i Spektrum
Holidays, leave of absence, business travel and illness
Kan jeg ta ferie eller avspasere under streiken?
- Holiday that was stipulated or agreed before the resignation must be taken, and holiday pay must be paid.
- The employer cannot change the time of holiday due to the strike. This also applies to employees who have not been taken out on strike.
- The employer has the same right to impose holiday as otherwise - also for the strikers.
- Employees who have planned to take holiday during a strike must notify NITO.
- Time off in lieu/flex days cannot be taken during a strike.
Jeg skal ha permisjon, hva skjer da?
Leaves of absence with or without pay, which have been agreed in writing with the employer in advance, will be carried out as planned.
Hva skjer hvis jeg er på tjenestereise når streiken starter?
Members who are on business travel are covered by the strike, unless you are exempt in advance, which means that the employer is generally not obliged to pay for accommodation or return travel if the strike starts while you are on a business trip.
NITO must be notified of all business travel planned during an expected strike, in order to assess and exempt the person in question from the strike.
Hva skjer hvis jeg blir syk mens jeg streiker?
If you fall ill while on strike, you are not entitled to sickness benefit, but will be paid strike pay from NITO. Tell the strike committee if you get sick.
Jeg er sykemeldt, hva skjer med utbetalinger fra Nav?
Employees who are on sick leave before the strike has started are entitled to sickness benefits from NAV during the strike.
But: Members who are on sick leave or on leave will not be taken out on strike.
Economy
What happens to my salary during the strike?
- Lønn til de som streiker stoppes under streik.
- Lønn du har tjent opp fram til streiken starter skal utbetales.
- Det skal i prinsippet ikke gis forskudd på lønn.
Medlemmer som er i streik får streikebidrag fra NITO. Det samme gjelder ved lockout. Det er nettolønn som utbetales. Du betaler ikke skatt av streikebidrag.et.
How is the strike contribution calculated?
Medlemmer i streik får stopp i utbetaling av lønn så lenge streiken varer. Trekk i lønn i forbindelse med streik skjer etterskuddsvis.
Streikebidrag er ment å være et økonomisk tilskudd til medlemmer som er tatt ut i streik. Det samme gjelder ved lockout. Det er NITOs hovedstyre som vedtar streikestøtten. Denne støtten skal sørge for at medlemmer ikke taper økonomisk på å bli tatt ut i streik, men den vil ikke nødvendigvis dekke fullt tap av arbeidsinntekt.
- Tillegg som følger av oppsatt vakt-/tjenesteplan utbetales.
- Streikebidrag betales ikke for streikedager som etter arbeidsplanen er fridager.
- Rutiner for utbetaling av streikebidraget vil normalt bli klargjort i god tid før streik iverksettes.
De som har jobbet under streiken på grunnlag av dispensasjoner, skal ikke trekkes i lønn for disse dagene. Streikebidrag skal derfor ikke utbetales for slike dager.
What happens to the pension scheme and insurance?
Rettigheter etter arbeidsgivers kollektive forsikringsordninger kan påvirkes av streiken. NITO tegner derfor forsikring som dekker yrkesskade, gruppeliv og ulykkesforsikring i fritid for medlemmer i streik.
Streik kan få konsekvenser for opptjening av pensjon og uttak av AFP. Her vil imidlertid reglene være forskjellige ut fra hvor du jobber.
Exceptions to the strike
Who can be exempt from strikes?
The main agreement obliges the local parties to negotiate on exempting people or groups from the strike, for example those who will retire from AFP during the period when there may be a strike.
The local union representatives and representatives from the employer can agree on persons who need to be exempted. Exemptions from strikes mean that these persons are not included on the list of employees for whom resignation is reported.
What tasks can the employer perform itself?
For the vast majority of managers, the same rules apply as for others who have not been taken out on strike. Superiors of those who are on strike must therefore carry out their ordinary work in the usual way.
However, employees in the company's top management, such as the CEO, are regarded as representatives of the employer and as the strikers' counterpart in the conflict. These can therefore carry out work that the strikers normally perform to prevent damage to life, health and property, without there being any question of strikebreaking. This only applies to senior managers.
If middle managers are taken out on strike, the responsibility and control function is shifted upwards.
Who can apply for an exemption from the strike?
It is the employer who must apply for an exemption from the strike for certain employees. The justification must include situations where there is a risk to life or health. Exemption from a strike may be granted for specific employees who are among those for whom resignation is notified.
NITO will in principle be restrictive in granting applications for exemptions, as the effect of the strike may otherwise be weakened. On the other hand, the unions that are on strike are obliged to ensure that a strike does not endanger life and health.
Applications for exemptions must be in writing and contain a justification for the need for exemption. The application must not be general, but apply to the individual employee for whom notice of resignation has been given or who is already on strike.
Union representative: What do you do if you are called to a meeting about exceptions to the strike before it is known whether you will be on strike?
If the employer calls a meeting to discuss exceptions to the strike, you are obliged to attend the meeting.
But: Remember that it is not you as a union representative locally in your company who decides who is actually taken out on strike or not. This is decided centrally.
And: Up to four days before a possible strike, it is not known either which companies or which people are intended to be taken out.
At the meeting, you must listen to the employer's assessments and take note of them, but it is important that you do not sign a list of who is to be exempted. If your employer requires a signature, you must sign a disagreement protocol instead. You can also take your input with you without signing.
Report the input from the employer to NITO/Akademikerne/SAN centrally.
Words and phrases
Dispensasjon
Unntak fra streiken for enkelte personer av særlige grunner, særlig ved fare for liv og helse.
Plassfratredelse
Plassfratredelse er en navneliste over hvem som vil bli tatt ut i streik. Denne skal leveres minst fire dager før en streik kan starte.
Plassoppsigelse
Plassoppsigelse betyr at det sendes en melding til arbeidsgivermotparten og Riksmekler om at det nå er en tvist.
Den inneholder en liste over hvilke virksomheter og hvor mange medlemmer en mulig streik kan omfatte.
Streikebidrag
Økonomisk støtte som NITO utbetaler til streikende medlemmer som kompensasjon for lønn.
Streikebryteri
Når noen utfører arbeid som normalt gjøres av streikende, eller når ikke-streikende pålegges å overta streikendes arbeidsoppgaver
Tvungen lønnsnemd
Når Stortinget griper inn og krever streiken avsluttet, typisk ved fare for liv og helse
Call NITO's hotline
It is best if you submit a case. If that is not possible, call us weekdays 9-15.