The CGTP and UGT have announced a general strike for December 11, in response to the government’s draft law for labor legislation reform. What happens to workers who join the strike? What are the consequences?
“For workers who join the strike, the strike suspends the obligations arising from their employment contract, namely the right to remuneration and, consequently, releases them from duties of subordination and attendance,” explains the Authority for Working Conditions (ACT) on its website.
However, “rights, duties, and guarantees of the parties remain valid as long as they do not involve the actual performance of work, as well as rights provided for in social security legislation and benefits due for work accidents and occupational diseases.”
Additionally, it should be noted that the “suspension period cannot affect seniority, particularly regarding the counting of service time.”
In practice…
Practically speaking, a worker who joins the strike loses the right to remuneration and meal subsidy for the corresponding strike period, but the strike time counts towards seniority, meaning the worker is not disadvantaged in their career progression.
The last time CGTP and UGT called a joint general strike was over a decade ago during the troika period. On December 11, another strike will take place. What is the impact on workers who join the strike?
This will be the first strike bringing together the two union centers since June 2013, when Portugal was under the troika intervention.
Must workers inform their employers they are going on strike? Can they be prevented from joining?
No, no worker is obligated to inform their employer that they will be going on strike, even if asked.
Employers cannot prevent workers from going on strike, nor can they coerce, discriminate against, or penalize them for striking. It is considered a “very serious violation” if the employer coerces a worker not to join the strike or penalizes or discriminates against them for joining or not joining the strike.
Which sectors are covered by minimum services?
The Labor Code currently stipulates that in the event of a strike, minimum services must be ensured “in companies or establishments intended to meet essential social needs,” including postal and telecommunications services; medical, hospital, and pharmaceutical services; public sanitation, including funerals; energy and mining services, including fuel supply.
Also included are water supply; firefighting services; public service sectors that ensure the satisfaction of essential needs primarily handled by the State; transportation, including ports, airports, railway, and bus stations, concerning passengers, animals, perishable food products, and essential goods for the national economy, covering their transportation and security as well.
Expanding the sectors covered by minimum services is one of the measures proposed in the government’s draft revision of labor legislation.
