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The employer doesn't have to hold your job. He can give it to the scab who replaced you. Part of the Union settlement with the employer is the condition that jobs are returned to the employees.

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It actually depends on the country your in and the employment laws there. Whilst being a union member and using your freedom to with-draw your labour is commonly accepting in the name of "fair treatment in the workplace" an employer can withdraw your employment. However, you could the cite "unlawful dismissal" on the grounds that your were engaged in concerted activities like discussion of working condition or undertaking a "lawful" strike action".

Some examples of unlawful strikes include:

Striking to support unfair labour practices (like firing employees who do not pay union fees);

Strikes which violate a no-strike clause in an employment contract; and

Strikes which are violent, threatening, or block persons from entering a business.

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Q: How long does your employer have to hold your job for you when you are out on strike?
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