In light of the general strike called for 11 november 2026, we summarise its main employment law implications and the guidelines that businesses should bear in mind when organising their operations whilst respecting the right to strike.<\/p>\n
The right to strike is recognised as a fundamental right under Article 28.2 of the Spanish Constitution and is regulated by Royal Decree-Law 17\/1977 of 4 March on labour relations.<\/p>\n
Company management must focus on three aspects: planning operations without neutralising the effects of the strike, respecting employees\u2019 freedom of choice, and correctly implementing the pay and social security consequences of their participation.<\/p>\n
EMPLOYMENT IMPLICATIONS OF PARTICIPATION IN A STRIKE<\/strong><\/p>\n Lawful participation in a strike has the following effects on the employment contract, remuneration and the employee\u2019s social security status:<\/p>\n In accordance with Article 6.2 of Royal Decree-Law 17\/1977, participation in a strike suspends the employment contract for the duration of the strike, with no entitlement to pay for that period.<\/p>\n This pay comprises both the daily wage and (i) the proportionate share of any extra salary payments accrued on that day and (ii) the proportionate share of the pay for weekly rest days corresponding to the week in which the strike takes place.<\/p>\n Employers must record attendance-related incidents objectively and calculate deductions on an individual basis.<\/p>\n As regards annual leave, participation in a strike does not reduce the duration of annual leave nor does it permit a reduction in the pay for that leave on that ground alone.<\/p>\n During a strike, employees taking part in it remain registered under a special status with the social security system, in accordance with Article 6.3 of Royal Decree-Law 17\/1977.<\/p>\n This status means that the obligation to make contributions is suspended for both the employer and the employee during the strike period, without this resulting in the employee\u2019s deregistration from the social security system.<\/p>\n RESTRICTIONS ON EMPLOYERS DURING THE EXERCISE OF THE RIGHT TO STRIKE<\/strong><\/p>\n The powers of management, organisation and control over the company\u2019s productive activity must be exercised whilst respecting the fundamental right to strike at all times.<\/p>\n The main restrictions on employers are as follows:<\/strong><\/p>\n One of the most significant restrictions is the prohibition on replacing employees taking part in a strike through measures designed to neutralise the effects of the strike.<\/p>\n This prohibition includes the hiring of external employees for the purpose of carrying out the duties of those who have decided to join the strike, whether through direct recruitment by the company or via temporary employment agencies.<\/p>\n Replacement may also occur through the reallocation of tasks to the company\u2019s own employees \u2013 a practice known as \u2018internal strike-breaking\u2019 \u2013 when used to replace those taking part in the strike and to neutralise its effects.<\/p>\n Not every internal reorganisation in itself infringes the right to strike. Before altering duties, shifts or assignments, each measure and its effect on the exercise of this right must be assessed.<\/p>\n PRACTICAL GUIDELINES FOR COMPANIES<\/strong><\/p>\n Before the strike:<\/strong><\/p>\n During the strike:<\/strong><\/p>\n After the strike:<\/strong><\/p>\n FINAL RECOMMENDATION<\/strong><\/p>\n The priority is to ensure that the organisation of work is compatible with respect for the right to strike and the freedom of those who choose not to take part in it.<\/p>\n Prior to the strike on 11 November 2026, we recommend reviewing the planned organisational measures and coordinating with those responsible for personnel and payroll regarding the recording of incidents, wage deductions and notifications to the social security authorities.<\/p>\n\n
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