What happens when a company locks out its employees?

Although employees are not working and are not entitled to pay, they are still considered employees and cannot be terminated simply because of being on strike or locked out. When the strike or lockout ends, they are entitled to be reinstated in preference to any employee hired as a replacement during the dispute.

Can a company fire employees on strike?

A strike that violates a no-strike provision of a contract is not protected by the Act, and the striking employees can be discharged or otherwise disciplined, unless the strike is called to protest certain kinds of unfair labor practices committed by the employer.

Why Employers may use a lockout during a strike?

A lock-out takes place in response to a strike or to force the employees to accept a demand of the employer. The demand must relate to disputes of mutual interest. The demand of the employer can be, for example, to force the employees to accept changes to their terms and conditions of employment.

Should the workers be paid for illegal strike?

No wages are payable if the strike is illegal or it is unjustified. Further, if the workers indulge in violence, no wages will be payable even when their strike was justifiably legal. It was observed that for entitlement of wages for the strike period, the strike should be legal and justified.

Why do employers lock out employees during a strike?

A lockout is the employers right to exclude striking employees from the workplace. This serves to provide the employees with a choice, they can either continue on and survive without any wages for the duration of the strike or they could give in to the employer’s final offer.

Can a employer lock out an employee in South Africa?

An Employer may engage in locking out employees as a counter to a protected strike (defensive lock-out), or with a view of forcing employees to accept a final demand (offensive lock-out). Even though the Constitution of the Republic of South Africa does not provide Employer’s with a reciprocal right to a lock out.

What does the NLRA say about locking out employees?

The NLRA says that employers may not discriminate against employees for the purpose of discouraging employees’ union activity. Locking out employees because they belong to a union which is negotiating a contract with their employer does exactly that.

Why did the Supreme Court allow employers to lock out their employees?

That decision let employers lock out their employees at any time there was no contract in effect. That meant that employers could lock out their employees even when there was no threatened strike and no need to control the timing to avoid maximum damage to the employer.

When does an employer have the right to lock out employees?

But in 1965, the U.S. Supreme Court said an employer could lock out employees “for the sole purpose of bringing economic pressure to bear in support of his legitimate economic position.” An employer can declare a lockout when the contract expires, in reaction to a union’s “inside campaign,” or when a union offers to return from a strike.

When does an employer have the right to strike?

For example, it is an unfair labor practice for an employer to discharge an employee for failure to make certain lawful payments to the union when there is no union-security agreement in effect (Section 8 (a) (3). A strike to compel an employer to do this would be a strike for an unlawful object and, therefore, an unlawful strike.

Can a company hire temporary employees during a lockout?

A. No. Although an employer can continue operations with temporary employees and workers from other facilities, it cannot hire permanent replacements. All unit employees must be allowed to return to their jobs when the lockout ends. Q.

How does a Labour Board supervised Strike work?

A Labour Board-supervised strike vote (unions) or lockout poll (employers) must be taken and a majority of those voting must agree to the strike or lockout. One party must serve the other (as well as the mediator) with 72 hours of notice before the strike or lockout commences. More information is available in the Information Bulletin #17.