Spain’s Nov. 11 General Strike: Pay Cuts, Minimum Services and Rights

Spain’s unions have called a general strike for Wednesday, Nov. 11, over the housing crisis and the rising cost of living. Most employees in Barcelona and the rest of the country have a legal right to walk out that day without warning their employer, but they will lose the pay for the hours they do not work.

Some groups cannot strike at all, and workers named for minimum services must turn up. The Local Spain went through Spanish law and guidance from CCOO (one of Spain’s major trade unions) to set out what employees can and cannot do.

Why is the strike on Nov. 11?

The date falls two days before the election campaign formally opens on Nov. 13. According to The Local, union leaders picked it so that no political party could challenge the strike notice before the electoral authorities once the campaign is under way.

General strikes are rare in Spain. The previous one was in 2012, a 24-hour stoppage against the austerity measures of Mariano Rajoy’s PP government.

Who has the right to strike, and who is excluded?

The Spanish Constitution protects the right to strike as a fundamental right for all workers, including people on fixed-term, part-time or probationary contracts.

The law leaves out several groups. Members of the military, state security forces and police cannot strike, and neither can serving judges, magistrates and prosecutors. Self-employed workers are also excluded. Essential sectors such as healthcare, social care, transport, security and telecommunications are covered by minimum service levels that the government sets. Employers then tell the staff included in those services that they cannot miss work on the day.

A worker officially assigned to minimum services has to show up. Not doing so counts as a very serious offence and can be grounds for disciplinary dismissal.

Do I have to tell my employer I am striking?

No. Striking is an individual right and there is no duty to give advance notice. If a manager asks before the day whether you plan to work, you can decline to answer.

How much pay will I lose?

Employers will take a proportionate amount out of November wages. The deduction covers basic salary and any supplements for the days or hours not worked, plus a proportionate share of special payments and of the weekly rest days, Saturday and Sunday. Days of annual leave can never be deducted.

On the strike day the employment contract is temporarily suspended and the worker is placed on what is called special registration with social security. Neither the company nor the employee pays contributions for that day. Length of service is not interrupted and the worker is not dismissed.

Anyone already on a day off, on holiday or on temporary incapacity leave is not counted as striking, because the contract is already suspended for a legitimate reason. Their pay stays the same.

What if I work from home or on reduced hours?

Remote workers can strike by staying logged out and doing no work at all that day. The company will deduct the full day’s pay. According to CCOO, the “company is prohibited from monitoring your activity on that day.”

People on reduced hours, for example someone working 4 hours a day instead of 8 because of carer’s leave, can also strike. The deduction is based on the reduced salary they already earn and covers only the hours they were due to work.

What does this mean for workers who strike?

An employer cannot fire or discipline someone for striking. Any such dismissal or sanction is illegal and void because it breaches a fundamental right, and retaliation would be a very serious offence for the company.

Companies are also barred from replacing strikers. They cannot bring in outside staff to cover the posts, and they cannot move employees from other departments or sites to do the strikers’ work. Either step counts as a breach of workers’ rights under Spanish law.

Source: The Local Spain