The ongoing strike at CP – Comboios de Portugal, which has halted all train services across the nation, has entered the political campaign arena. On Thursday, the Secretary-General of the PS expressed indignation, describing the Prime Minister’s “threat to change the strike law” as an “insult to democracy.”
Amidst the exchange of remarks, what does the law state about the right to strike? The right to strike is enshrined in the Constitution and the Labor Code (Article 530º), which stipulates:
- Under the Constitution, the strike is a right of workers.
- It is up to the workers to define the scope of interests to defend through the strike.
- The right to strike is inalienable.
Who is authorized to call a strike?
According to the law, the “decision to resort to a strike is made by trade unions.” However, a “company workers’ assembly can decide to call a strike provided that the majority of workers are not represented by trade unions, the assembly is convened for the purpose by 20% or 200 workers, the majority of workers participate in the voting, and the decision is approved by secret ballot by the majority of voters.”
Is prior notice of a strike necessary?
Yes, the entity deciding to resort to a strike must give notice to the employer, or the employers’ association, and the ministry responsible for the labor area with at least five working days’ notice, or in a situation referred to in No. 1 of Article 537.º, 10 working days.
“The prior notice of a strike must be made by suitable means, namely in writing or through the media” and “must include a proposal for defining the services necessary for the safety and maintenance of equipment and facilities, and if the strike takes place in a company or establishment intended to meet essential social needs, a proposal for minimum services.”
