How much do they deduct from your salary if you go on strike?

BarcelonaOn November 11th the general strike for housing and the loss of purchasing power takes place. The decision on whether or not to strike is a right protected by Article 28 of the Spanish Constitution and, therefore, in the event that a worker decides to join it, the company cannot sanction them, neither directly nor indirectly. However, going on strike does have an impact on the pockets of workers who decide not to work.

As the dean of the Association of Social Graduates of Barcelona, Girona and Lleida, Montserrat Cerqueda, explains, in the event of joining the stoppage, the worker's contract is suspended and, therefore, they stop receiving both the base salary and the supplements for that day, just as they stop accruing the corresponding amount for one day of the extra pay. Furthermore, if the employee is absent for the entire workday, they do not pay contributions or accumulate vacation time.

When receiving the payslip, therefore, going on strike means earning less than in a normal month. According to labor lawyer Juanjo Guijarro, a social graduate and professor at the University of Seville, an easy way to calculate the impact of not going to work on the 11th is—in most cases—to divide your salary by 30. The result will be what will be deducted from the November payslip. This rule applies to all those who have full-time contracts, while those who work part-time will have to calculate it based on their percentage of the workday.

Is it necessary to give notice?

Another question that workers ask themselves in case they decide to join the strike is whether they need to notify the company or their colleagues. As Cerqueda explains, the answer is no, that workers do not have to notify or address any superior in case of being absent from their workplace. In fact, going on strike is the only reason for absence that does not need to be notified. Furthermore, it is worth remembering that employers or bosses cannot ask their employees if they will go on strike or not. "If you receive threats or coercion in this regard, you could be facing a violation of the fundamental right to strike," warns the Col·lectiu Ronda in a statement.

However, the dean of the College of Social Graduates of Barcelona, Girona and Lleida also adds that, once the employee has already joined the strike, it is "healthy" for them to address the company to explain that they are not working because they are on strike. This option is entirely optional, but Cerqueda points out that it can "avoid confusion and problems".

And, even if the superiors are notified, the company will not be able to hire anyone to replace the lack of hands, nor will it be able to resort to extraordinary changes in functions or organization of other workers in order to cover the work of the employees who are on strike. As the Col·lectiu Ronda points out, companies will also not be able to use "technological means in an abusive way to annul the effects of the strike".

Can you go on strike if you have to provide minimum services?

During a strike, minimum services serve to guarantee the functioning of essential tasks for the community, such as healthcare or transport. These services are set by the Generalitat de Catalunya via decree and are mandatory. In the event that a worker wants to strike and is required to cover minimum services, they will not be able to do so during the time they are called to work. "However, their imposition must be justified and proportionate, without becoming a mechanism to empty the right to strike of its content," points out the Col·lectiu Ronda.

Thus, minimum services cannot be established unilaterally by a company. As the UGT of Catalonia asserts, "if the company, or any other person or body that does not have the authority to do so, sets minimum services, that decision is null and void and may constitute a violation of the right to strike". "No one is obliged to comply with minimum services that have not been dictated by the governmental authority", the union adds.