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NEWS

26/02/2018

March strike - clarifications

Official Calls for a General Strike on that day have been submitted to Ministry of Employment and Social Security by main trade unions, in order to give legal coverage to all those workers who decide to support it: UGT and CCOO (general strike with two hours´ stoppages in each working shift); CGT and CNT (non-stop strike). Main trade unions at an Autonomous Community level, have also called for a strike in the same sense.

The reasons: gender related violence, gender pay gap, and precarious jobs.

 

GUIDANCE NOTES

In view of the doubts raised by workers and entrepreneurs in relation to rights and duties of the workers who decide to go on strike that day, we are pleased to offer the following explanatory notes:

  • During the strike the employment contract is suspended. Therefore, reciprocal obligations to work (employee) and to remunerate work (employer), as well as the mutual obligation to make Social Contributions, cease.
  • Workers are not obliged to communicate in advance their intention to go on strike.
  • Those workers who decide to go on strike, besides not perceiving the salary corresponding to the day not worked, will not receive the proportional part of the retribution of the weekly rest, extra pays, nor participation in profits.
  • Workers going on strike are registered, but in a special situation with regard to Social Security while the strike is in force. This means that formally they are registered at all effects, but obligation to make social contributions by employer and employee is suspended.
  • In three natural days’ time, company shall communicate General Social Security Treasury, via RED system, those workers who have gone on strike. Given that strike has been called for 8th March, period shall end on 9th.
  • In case that an employee wants to attend work that day and because of different circumstances beyond their control, the company cannot deduct salaries nor suspend their contract based on the strike for Social Contribution purposes.
  • Law sets forth that, during the strike, the employer shall not substitute striking workers. Nor may them enter into contracts with Temporary Staffing firms (ETT´s) to substitute striking workers.
  • Minimum services are only regulated for public activities (public transportation, hospitals, etc.). For the rest of activities that are not public services, in principle, it is understood that the employer can only establish minimum services for maintenance and security activities authorized by the government authority.
  • Right to strike is also granted to workers posted to Spain in the context of the transnational provision of services.

 

Please do not hesitate to contact us if you require more information.

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