Dear Client,


We inform you that on Tuesday, October 15, a nationwide partial general strike has been called, promoted by various trade unions (CCOO, UGT, CGT, among others).

How will the strike take place?

Partial work stoppages of two hours in each work shift:


  • Night shift: from 02:00 to 04:00
  • Morning shift: from 10:00 to 12:00
  • Afternoon shift: from 17:00 to 19:00

The strike is legally registered, so workers who participate are protected under current legislation.


Reasons for the strike:

  • Protest against the conflict in Gaza and in defense of human rights.
  • Advocacy for social and pacifist policies.
  • Request for the repeal of the “Gag Law” (Ley Mordaza).

Employers cannot oppose workers joining the strike, cannot demand prior notice, and must inform us of which employees participated, as absences must be reported to Social Security and payrolls adjusted accordingly.


Key points to consider:


  • As this is a general strike, individual notification to companies is not required.
  • Workers are not obliged to inform the company whether they will participate in the strike. Requiring such notice would violate the fundamental right to strike.
  • Most companies are not subject to minimum service requirements, except those designated by the Government Authority.

PROHIBITION OF INTERNAL AND EXTERNAL STRIKEBREAKING


First and foremost:


Der The employer may not replace striking workers with others who were not employed by the company at the time the strike was announced, – except in cases where maintenance services are not fulfilled.

It is not permitted to use temporary employment agencies (ETTs), nor to hire
workers directly, as this is legally prohibited under Royal Decree-Law 17/1977 and
the ETT Law.

It is also not allowed to outsource services normally provided by the company, as
this would undermine the right to strike.


PICKETS


Informational pickets are legitimate, provided they do not exceed their informative role or adopt coercive behaviour.

Pickets aimed at informing, persuading, or encouraging workers to join the strike — even those trying to dissuade non-participants — are within the legal limits of the
right to strike.

However, when pickets use coercive, intimidating, violent, or threatening tactics,
they exceed legal boundaries and are no longer protected by law.


WORKERS WHO DO NOT JOIN THE STRIKE


Employers must pay the wages of workers who do not participate in the strike, even if they cannot be effectively employed due to the strike, picket actions, or transport service disruptions.

If a non-striking worker fails to attend work, they must justify their absence appropriately.

Workers who do not join the strike do not have their contracts suspended or wages reduced. Their obligation to work remains, unless a lockout occurs or a force majeure suspension procedure is initiated.


WHAT IF THERE ARE INCIDENTS AT THE WORKPLACE?


In cases of clear danger of violence, illegal occupation of the workplace, or mass absenteeism that severely disrupts production, the company may proceed with a lockout, notifying the Labor Authority.
The closure may last only as long as necessary to resolve the causes.


EMPLOYER ACTIONS AFTER THE STRIKE


Exercising the right to strike results in the suspension of the employment contract, releasing both parties from their obligations to work and pay wages.


PROPORTIONAL WAGE REDUCTION


Workers who join the strike lose the wages corresponding to the hours they were supposed to work.

The wage reduction includes not only base salary and supplements, but also affects deferred salary components, such as extra payments and bonuses, which may be proportionally reduced based on the hours of strike participation.


SOCIAL SECURITY STATUS


Striking workers are placed in a special registration status, meaning they remain formally registered but are not required to contribute during the strike.

This status is treated as normal registration for protective purposes, with specific rules for temporary disability and unemployment benefits:


  • If the strike begins while the worker is already on sick leave, they retain the right to receive benefits.
  • If the sick leave occurs during the strike, the worker is not entitled toeconomic benefits for temporary disability while in special registration status. However, medical care remains available, and the benefit begins after the strike ends.

The employer’s obligation to delegate payment of benefits remains in force.

AFTER THE STRIKE DAY OR DURING THE STRIKE
WE KINDLY ASK YOU TO SEND US A LIST OF WORKERS WHO
PARTICIPATED, SO WE CAN PROCESS THEIR SOCIAL SECURITY
REGISTRATION UPDATES AND ADJUST THEIR PAYROLLS
ACCORDINGLY