What rights do workers in Spain have ahead of the general strike?
With a nationwide strike called for November 11th, you may be wondering what would happen if you decided to take part and not work that day. Will you have money deducted from your salary or could you even be sacked? These are your rights as a worker in Spain.
When is the strike?
The walkout will take place on Wednesday November 11th — just two days before the official start of the election campaign.
This is reportedly because, as the electoral process formally begins on November 13th, union bosses don’t want to risk a political party challenging the strike notice before the electoral authorities.
The strike has been called to protest against the country’s housing crisis and the rising cost of living.
READ ALSO: What you should know about Spain’s general strike in November
Are general strikes common in Spain?
No, the last general strike in Spain was in 2012 when a 24-hour stoppage was called against the austerity policies of the PP government of Mariano Rajoy.
Can everyone take part in the strike?
No, in Spain there are several groups that are excluded by law from taking part in general strikes.
These include members of the military, state security forces and law enforcement, serving judges, magistrates and prosecutors, self-employed workers, as well as several essential service sectors including healthcare, social care, transport, security, and telecommunications.
The government sets minimum service levels for sectors, and employers inform those included in these that they may not miss work on strike days.
The Local has taken a look at Spanish law and advice from the CCOO, one of Spain’s major trade unions, to break down individual rights.
Here’s what you need to know.
Do I have the right to go on strike?
Besides those protected professions, yes, it is a fundamental right.
The Spanish Constitution guarantees the right to strike to all workers (including those on fixed-term, part-time or probationary contracts).
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Do I have to tell my employer if I’m going to take part in the strike?
No, you’re not obliged to give prior notice. The right to strike is an individual right.
If your employer asks you before the strike day whether you’re going to work, you have the right not to answer in order to protect your decision.
Can they deduct money from my pay?
Yes, they will deduct the proportionate amount from your November salary.
The deduction applies to your basic salary and any supplements for days or hours not worked.
It also affects the proportionate amount of any special payments and weekly rest days (Saturday and Sunday). However, they can never deduct days of annual leave.
What happens to my social security contributions on that day?
You are placed on ‘special registration’ status.
During general strikes, your employment contract is temporarily suspended.
The company stops making contributions on your behalf on that day and you do not make any contributions either, but you are not dismissed and your length of service is not interrupted.
Can I be sacked or disciplined for going on strike?
No. Any dismissal or disciplinary action taken for exercising the right to strike is illegal and void as it violates fundamental rights.
The company would be committing a very serious offence if it took retaliatory action and sacked you for striking.
What are minimum services, and am I obliged to provide them?
Yes, if they are part of the essential services set by government. If you’re officially designated to provide minimum services, you are obliged to go to work.
Failure to turn up is considered a very serious offence and grounds for disciplinary dismissal.
Can they replace me with someone else or hire someone else if I go on strike?
No, this is strictly prohibited in Spain.
The company cannot hire external workers to fill the posts of those on strike. Nor can it redeploy staff from other departments or sites to do your job. This constitutes a breach of workers’ rights.
If I work from home or on reduced hours, how does the strike affect me?
If you’re working from home, you can take part in the strike on 11 November. To do so, you must not log into the system or carry out any work-related activities from home.
The company will deduct the full day’s pay from your usual salary. According to the CCOO, the “company is prohibited from monitoring your activity on that day.”
If you are on reduced working hours (for example, you work 4 hours a day instead of 8 due to carer’s leave), you can also still take part in the strike.
In this case, the deduction from your payslip will be calculated based on the reduced salary you already receive, reflecting only the hours you were due to work that day but chose not to.
What happens if it’s on my day off or holiday?
Whether you are on your day off, on holiday or on temporary incapacity leave, your contract is already suspended due to legitimate leave.
It will not be counted as a strike day; you will not see any reduction in your pay and your monthly remuneration will remain unchanged.
