Is a striking or locked-out employee still considered an employee?
A: Yes. 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. An employee must ask for this reinstatement as soon as the strike or lockout is over. This reinstatement provision does not mean that all employees will be automatically recalled as soon as a strike or lockout is over. For example, markets may be lost causing production to be reduced.
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Q: Do my benefits continue while I am on strike or locked out?
A: Section 155 of the Labour Relations Code protects pension rights and benefits during a strike or lockout. There is also protection for medical, dental, disability, life and other insurance schemes. It is up to the trade union representing employees to take steps to ensure payment of the full premiums of the insurance scheme it seeks to protect during the strike or lockout.
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