Spain faces this Wednesday, November 11, a general strike for the right to housing, improved wages, and the defense of public services. The call has the support of Comisiones Obreras (CCOO), the Unión General de Trabajadoras y Trabajadores (UGT), the Confederación de Sindicatos de Inquilinas, and other trade union and social organizations.
It will be the first general strike of national scope supported by CCOO and UGT since 2012. For many workers, it will also be the first time they have to decide whether to participate in a call of this nature. These are the main issues to know before the strike.
Who can strike and what happens with the salary
Who can join it and for how long? The right to strike is recognized in the Constitution and protects workers in the public and private sectors, including those with temporary contracts, part-time workers, or those in a probationary period. It is not necessary to be affiliated with a union. There are legal exceptions, such as the Armed Forces and certain police forces. The strike is called for the entire 24 hours of Wednesday, although the calls foresee specific rules for shifts that start earlier or end later.
Do you have to notify the company? There is no obligation to communicate the decision to strike in advance or to explain the reasons. Each worker can decide whether to join, and the company cannot pressure or threaten them to give up. Nor can it sanction, dismiss, or worsen their conditions for exercising this right. If retaliation occurs, it is advisable to save communications and consult with union representation or a professional.
How much is deducted from the payroll? During the strike period, the contract is suspended, and the corresponding salary is not paid. The deduction may include the proportional part of the salary and certain supplements, as well as extraordinary payments and weekly rest, as appropriate. The amount depends on the salary and how the concepts are distributed on the payroll. The company cannot add a penalty for participating or reduce annual vacation days.
What happens with Social Security? The person who supports the strike goes into a situation of special leave and during that period the obligation to contribute is suspended. This does not mean that they have been fired or that they lose their seniority. If on that day they already have approved vacations, a leave of absence, or are on medical leave, their absence has its own treatment and is not automatically counted as participation in the strike.
Minimum services, teleworking, and the right to go to work
Who has to comply with minimum services? They can be established when the strike affects essential services for the community, in both public and private companies. They are established by the competent authority, and the company designates the necessary people to comply with them. Whoever has been designated must attend and perform the assigned functions and schedule. This obligation does not automatically extend to the rest of the staff.
In the railway sector, minimum services have already been established. In Cercanías, 75% of usual services will operate during peak hours and 50% during the rest of the day. In Medium Distance, an average of 65% will be maintained, and in High Speed and Long Distance, 73%. There will also be minimum services in other essential areas, so it is advisable to consult those corresponding to each territory and service.
Can one strike from home? And work normally? People who telework have the same right to stop. During the strike period, they should not perform tasks, connect to company systems, or answer work emails or calls. Participation is voluntary, and whoever decides to work can also do so. Pickets can inform and encourage support for the protest peacefully, without coercing those who choose to go to their workplace.
Can the company replace strikers? It cannot hire personnel expressly to replace them or empty the right to strike through prohibited substitutions or an artificial reorganization of the workforce. If a person wants to work and cannot arrive or access the center due to an incident related to the workday, they must notify the company as soon as possible to assess the available options.
In Ceuta, it is advisable to check the specific applicable call. The General Confederation of Labor (CGT) of Andalusia, Ceuta, and Melilla has registered a call that expressly includes the autonomous city, although some information about the national strike indicates that other organizations have excluded it.
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