Working in Spain: Work disputes - Strikes

Disputes that affect workers' general interests can be resolved by means of the industrial disputes procedure.

In collective disputes a distinction must be made between:

• A conflict of application, which arises when a rule is applied or interpreted
• A conflict of interest or regulation, which seeks to amend a rule or replace it by another

Who is authorised to represent workers' interests during a dispute?

Workers' representatives in the area corresponding to the dispute, on their own initiative or on that of the people they represent (personnel representatives acting as a whole, works committees, the inter-workplace committee, trade unions which are sufficiently well established in the company or sector involved in the dispute)
Employers and their representatives (employers' associations)

The Strike

The Spanish Constitution recognises workers' right to strike in order to defend their interests. Strike means the temporary, collective and concerted cessation of labour provision by workers, as a means of pressure in the defence of their interests.

The notice agreement or strike declaration, once adopted, must be communicated to the employer and to the labour authority by the workers' representatives.

Effects:

• Exercise of the right to strike does not end the employment relationship
• During the strike, the contract is considered to be suspended; workers are not entitled to wages and will be in a situation of special coverage by social security
• The freedom to work for workers who do not wish to join the strike will be respected

Despite exercising the right to strike, some workers may be obliged to continue their work if they have to provide safety or maintenance services to the company, or if the company has to provide a service which is essential to the community (in the latter case by a decision of the governing authority). 

• Workers will not be entitled to the allowance in cash for temporary invalidity that begins during this situation and while it persists
• Workers will not be entitled to unemployment benefit because the employment contract has been suspended

Text last edited on: 06/2005

Source: European Union
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