General Strike: Rights and Obligations of Workers and Employers

Article written by

Josep Conesa Sagrera

Employment and insolvency lawyer

Josep Conesa is a Spanish and English-speaking labour lawyer who holds a master’s degree in European law and Fundamental Rights. Over 25 years of esperience. We’d be delighted to legally help you too, in your language whenever possible.

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• Every employee has the right to take part in the strike, in accordance with Article 28.2 of the Spanish Constitution.
• Every employee also has the right not to take part in the strike.
• The company must ensure that employees who wish to work can do so without obstruction, and must therefore keep its premises open for those who freely choose to attend.
• The company must fully respect the rights of those employees who choose to join the strike.
• During a strike, the employment contract is deemed suspended and the employee is not entitled to receive salary. The obligation to make Social Security contributions is also suspended, and no entitlement accrues to unemployment benefit or temporary disability (IT) benefit.
• The company may not replace striking workers with individuals who were not already employed by the company.

Please note that, during March, the necessary adjustments must be made to payslips to reflect any salary deductions for employees who join the strike, as well as any changes arising from shift rearrangements.

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