On November 11, the first general strike in 14 years will take place and with it come thousands of doubts among workers about the consequences that carrying out this general stoppage of their activity would have on their position and salary. To resolve these issues, the lawyer specialized in labor law, Miguel Benito Barrionuevohas explained the obligations and rights that both employees and companies have during this day.
The unions UGT and CC.OO. They have supported the general strike demanded by the Tenants’ Union after the mobilizations that spread throughout the country after the eviction of the recently deceased Maricarmen. The reason for this general strike, the first since 2012, is the high price of housing, as well as the request for an increase in the Minimum Interprofessional Wage.
Requests that may coincide with the concerns of thousands of workers, but who fear going on strike due to its possible consequences on their economy and job stability. For this reason, labor lawyers, like Miguel Benito Barrionuevo, remember that All employees have the right to strike “to defend their interests”according to article 28 of the Spanish Constitution.
It is not necessary for the worker to inform that he is going to strike
However, just as labor law establishes a series of protections for the employee, it also does so for the company. Therefore, stopping economic activity can have some repercussions on salary and other perceptions, as the lawyer explains. In order to make an informed decision, the lawyer and content creator known as @trabajo_informado explains all the rights and obligations of companies and workers.
Firstly, one of the most common questions when a general strike is called and you wish to participate in it is whether there is a need to inform the company in advance. Faced with this question, the lawyer assures that “not at all. It is not the obligation of workers to notify whether they are going to strike or not.“Although, if they wish, they can always communicate it in advance to ensure that the company can organize itself in time.
The company will not be able to take action against the employee
On the other hand, regarding the rights of the worker, the lawyer explains that this remains “the same as the rest of the days”. However, you do have protection against possible discriminatory or negative treatment motivated by having exercised the right to strike. Something similar to what happens when an employee returns from medical leave. “No action can be taken against him,” he says.
Just as the company nor can it “favor or take positive measures for those workers who decide not to strike,” he explains. Therefore, if you perceive any type of retaliation after having carried it out or threats before doing so, it is important to save the evidence to be able to consult a specialized lawyer or union, so that they can take measures against the company.
There is no obligation to pay for those hours or to contribute for it.
Despite all these protections, the employee’s salary may be harmed by having made the decision to support the general strike, since during this “the work benefit will not be carried out,” says Barrionuevo. Therefore, the company has no obligation to pay the worker for those hours or to contribute for him. So it can also be noticed “in other perceptions”, such as extra pay. This does not affect the vacation days to which the worker is entitled. “They cannot deduct any vacation days from you. for attending this strike.”
Likewise, those workers who are within “the minimum services agreed by law, not because the company says so,” must go to their workplace. The rest of the workers will be able to strike freely without being replaced by the company,”neither by hiring another person nor by technological means“, sentence. Something that is also applicable in the case of working from home.