Elena Rubio discusses the legality of the general strike over housing in El Confidencial
El Confidencial has turned to Elena Rubio, partner in Toda & Nel-lo’s Employment practice, to analyse the legal standing of the general strike called for November by the CCOO and UGT trade unions together with several tenants’ organisations. Employers’ associations have challenged the strike on the grounds that it is driven by motives unrelated to employment.
Rubio points out that, although Royal Decree-Law 17/1977 prohibits strikes with a political purpose or that are unrelated to workers’ professional interests, the courts, including the Constitutional Court, have interpreted this restriction very narrowly. In this case, she notes, it could be relatively straightforward to link the protest to pay, and she therefore considers it unlikely that a court would rule against the strike.
As for the practical effects, the Toda & Nel-lo partner explains that employees who join the strike will not be paid for that day, but they cannot be disciplined, as their absence will be justified.
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