What exactly is a strike, who is included in the general strike, and what minimum services must be ensured?
Here are some questions and answers about the general strike:
What is the right to strike?
The right to strike is an inalienable right, with the Constitution of the Portuguese Republic stating that it is up to workers “to define the scope of interests to be defended through the strike,” without limiting this right.
However, the law establishes “the conditions for the provision, during the strike, of services necessary for the security and maintenance of equipment and facilities, as well as essential minimum services to meet urgent social needs,” while also prohibiting the ‘lock-out’.
Who has the authority to call a strike?
The Labor Code stipulates that calling a strike must be done by trade unions or, alternatively, by a company workers’ assembly, “as long as the majority of workers are not represented by trade unions, the assembly is convened for this purpose by 20% or 200 workers, the majority of workers participate in the vote, and the decision is approved by secret ballot by the majority of voters.”
Can non-unionized workers join the general strike?
Yes, all workers can join the general strike, regardless of being from the public or private sector. However, for this to happen, a strike notice must be issued, which should be directed “to the employer, or the employers’ association, and to the ministry responsible for labor with a minimum advance of five working days” or ten working days in cases involving activities covered by minimum services.
This way, the general strike notice submitted by UGT and CGTP covers all employees whose unions fall under them, regardless of the nature of the employment bond workers may have and whether they are unionized or not.
In response to questions, CGTP emphasizes that the “strike notice covers workers and not unions” and “from all sectors of activity,” making it “completely indifferent whether or not there is union representation in companies” or whether workers belong to independent unions.
“However, it is normal for unions, even those affiliated, to issue their own strike notice or adhere to the CGTP-IN’s notice, as a way to express their support for the strike and, at the same time, provide workers with additional assurance that they are indeed covered by the notices,” adds an official source.
Can a union-affiliated worker join a strike called by another union?
Yes, as long as the strike “covers the company or sector of activity as well as the geographical scope of the company where the worker performs their activity, in which case the CGTP-IN’s notice covers everyone,” according to an information note published on the union’s website.
Does a worker have to inform the employer they will strike? And can they be prevented from joining?
No, no worker is obliged to inform their employer they will strike, even if asked to do so.
The employer cannot prevent the employee from striking, nor can they coerce, discriminate, or retaliate against them for striking. Such actions are regarded as a “very serious offense if an employer coerces a worker not to strike or penalizes or discriminates against them for joining or not joining a strike.”
Is the strike day paid?
No, the strike “suspends the employment contract of an adhering worker, including the right to remuneration and the duties of subordination and attendance,” according to the Labor Code.
Can the company temporarily hire workers to replace strikers?
No, by law, during the strike, the employer cannot “replace the strikers with people who, at the time of the strike notice, were not working at the respective establishment or service nor hire workers for that purpose from that date.”
Furthermore, the task performed by the striking worker “cannot, during this time, be carried out by a company hired for this purpose, except in cases of non-compliance with essential minimum services necessary for urgent social needs or for the security and maintenance of equipment and facilities, limited to the extent necessary for the provision of these services,” a violation of which is considered a very serious offense.
What sectors are covered by minimum services?
The Labor Code currently provides that in the event of a strike, minimum services must be ensured “in a company or establishment intended to meet urgent social needs,” which include postal and telecommunications services; medical, hospital, and pharmaceutical services; public sanitation, including funeral services; energy and mines services, including fuel supply.
Also covered are water supply; firefighters; public service offices that ensure the fulfillment of essential needs entrusted to the state; transport services, including ports, airports, railway, and bus stations related to passengers, livestock, perishable foodstuffs, and essential goods to the national economy, covering loading and unloading; and the transport and security of monetary values.
Expanding the services covered by minimum services is one of the measures proposed in the Government’s draft legislation review.
