strikes

Procedure, effects and resolution.

A strike is understood as the temporary, collective and concerted cessation of the provision of work, by workers, as a pressure measure in defense of their interests. In order to be considered legal, the procedure established by law must be carried out.

Process. declaration of strike

strike start agreement

The agreement must be adopted:

In a joint meeting of the workers' representatives, by majority, drawing up the corresponding minutes.
By vote of the workers themselves when they so propose, in this case the vote will have to be secret and will be decided by a simple majority.
For trade union organizations with implantation in the workplace, to which the strike extends.

Communication of the strike to the employer and the General Directorate of Labor

The agreement to start the strike must be communicated to the employer or employers affected and to the General Directorate of Labor of the Community of Madrid in writing and five calendar days before the start date.

In the case of public service companies, the notice will be ten calendar days.

Creation of the strike committee

A strike committee must be created, made up of a maximum of twelve workers from the affected workplaces. This committee is responsible for participating in as many trade union, administrative or judicial actions as are carried out to resolve the conflict, and must guarantee the provision of the necessary services for the security and maintenance of the company for the duration of the same.

Communicates to the labor authority the start or end of the strike

Effects of the strike

The exercise of the right to strike does not terminate the employment relationship.

During the strike, the contract is considered suspended, the worker will not be entitled to salary and will be in a situation of special registration with Social Security.

The freedom to work of those workers who do not want to join the strike will be respected.

Despite the exercise of the right to strike, some workers may be obliged to continue their activity if they have to provide security or maintenance services for the company, or if the company had to provide an essential service for the community (in the latter case by decision of the Government Authority).

The worker will not be entitled to an economic benefit for temporary disability that begins during this situation and while it continues.

The worker will not be entitled to unemployment benefit due to the very fact of the suspension of the employment contract.

Resolution and end of the strike

From the moment of notice and during the strike, the strike committee, the employer and, where appropriate, the representatives designated by the various strike committees and by the affected employers, must negotiate to reach an agreement.

The agreement that puts an end to the strike will have the same effectiveness as that agreed in the collective agreement.

Mandatory Arbitration

The Government, at the proposal of the Ministry of Labor, Migration and Social Security, may agree to establish compulsory arbitration, taking into account the consequences of the strike and the serious damage to the national economy, respecting the requirement of impartiality of the arbitrators.

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strikes