Worker’s Rights in Spain: Freedom of Association and the Right to Strike
Worker’s Rights in Spain
Freedom of Association
Constitutional Right
Article 28 of the 1978 Spanish Constitution grants everyone the right to freely organize. This right is further developed by the Organic Law on Freedom of Association (August 2, 1985, amended May 19, 1994).
Workers’ Rights
All workers have the right to organize for the promotion and defense of their economic and social interests. This includes:
- Forming and joining unions without prior authorization.
- Suspending or terminating union membership democratically.
- Electing union representatives.
- Engaging in union activity.
Members of the Armed Forces, Judges, Magistrates, and Prosecutors are excluded from this right.
Union Rights
Trade unions have the right to:
- Establish their statutes and regulations.
- Form federations, confederations, and international organizations.
- Exercise union activities.
Union Representation
Some unions are recognized as more representative based on electoral audience. These unions have priority in collective bargaining and government consultations.
Business Associations
Business associations are governed by the Law of Association of April 1, 1977. While they have the right to form associations under Article 22 of the Constitution, they do not fall under the scope of Article 28.
Right to Strike
Constitutional Recognition
Article 28.2 of the Spanish Constitution recognizes the right to strike for workers to defend their interests. The law governing this right must ensure the maintenance of essential community services.
Collective Exercise
The right to strike is an individual right but is exercised collectively. While “wildcat strikes” are permitted, the formal declaration and call for a strike typically come from unions or worker representatives.
Scope and Limitations
The right to strike applies to workers under an employment contract, excluding the self-employed and independent professionals. Members of the Armed Forces, Judges, Magistrates, and Prosecutors are excluded. The right to strike for civil servants has not been explicitly regulated or prohibited.
Essential Services
The Constitution mandates the maintenance of essential community services during strikes. These services are those necessary to protect fundamental rights, such as life, health, and basic needs.
Strike Procedures
Strikes must be notified to the employer and labor authority at least five days in advance (ten days for public services). The notice must state the objectives, efforts to resolve the conflict, start date, and composition of the strike committee.
Strike Committee
The strike committee, composed of up to twelve employees, is responsible for participating in negotiations and ensuring the provision of essential services during the strike.
Minimum Services
The government determines the minimum services that must be maintained during strikes in essential sectors. The designation of workers for these services is the responsibility of the companies, subject to judicial review.
Effects of Strikes
Legal strikes suspend the employment contract, with workers losing their salary but not other benefits. Illegal strikes may result in disciplinary actions, including dismissal.