But what exactly is a strike, who is covered by the general strike, and what minimum services must be ensured?
Here are some questions and answers about the general strike:
1 – What is the right to strike?
The right to strike is an inalienable right, as enshrined in the Constitution of the Portuguese Republic, allowing workers to “define the scope of interests to be defended through the strike,” without restricting this right.
However, the law defines the “conditions of providing essential services during the strike for the safety and maintenance of equipment and facilities, as well as minimum services indispensable to meet pressing social needs.” The ‘lock-out’ is also prohibited.
2 – Who has the authority to call a strike?
The Labor Code stipulates that a strike can be called by trade unions or, alternatively, by a company workers’ assembly, provided that “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 voting, and the decision is approved by a secret vote by the majority of voters.”
3 – Can non-unionized workers join the general strike?
Yes, all workers can join the general strike, regardless of whether they are in the public or private sector. However, a strike notice must be issued and addressed “to the employer, the employers’ association, and the ministry responsible for labor at least five working days in advance” or 10 working days if it involves activities covered by minimum services.
The general strike notice issued by UGT and CGTP covers all employees whose unions are under its scope, regardless of their employment status or union affiliation.
In response to questions, CGTP emphasizes that the “strike notice covers workers and not unions” and “from all sectors of activity,” so it is “completely irrelevant whether there is union representation in companies” or whether workers belong to independent unions.
“However, it is normal for unions, even affiliates, to issue their own strike notice or adhere to the CGTP-IN notice as a sign of their support for the strike, while also providing workers with additional assurance that they are indeed covered by the notices,” an official source adds.
4 – Can a union member join a strike called by another union?
Yes, provided the strike “covers the company or sector of activity as well as the geographical area of the company where the worker is employed, which, in the case of the CGTP-IN notice, covers everyone,” according to an informative note published on the union’s website.
5 – Does a worker have to inform their employer of their intention to strike? Can they be prevented from doing so?
No, a worker is not obliged to inform their employer of their intention to strike, even if asked.
The employer cannot prevent the worker from striking, nor can they coerce, discriminate, or penalize them for doing so. It is considered a “very serious offense” if the employer coerces the worker not to join the strike or discriminates against or penalizes them for joining or not joining the strike.
6 – Is a strike day paid?
No, a strike “suspends the employment contract of an adherent worker, including the right to remuneration and duties of subordination and attendance,” according to the Labor Code.
7 – Can a company temporarily hire workers to replace strikers?
No, by law the employer cannot, during the strike, “replace strikers with people who, at the date of the strike notice, did not work at the respective establishment or service, nor can they hire workers for that purpose from that date.”
Furthermore, the task of the striking worker “cannot be performed during the strike by a company hired for that purpose, except in cases of non-compliance with minimum services essential for meeting pressing social needs or for the safety and maintenance of equipment and facilities, and to the strictly necessary extent for providing those services.” Violation of these conditions is considered a very serious offense.
8 – 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 destined to meet pressing social needs,” including mail and telecommunications; medical, hospital, and pharmaceutical services; public sanitation, including funerals; energy and mining services, including fuel supply.
Also included are water supply; firefighters; public service facilities ensuring the fulfillment of essential needs for which the state is responsible; transport, including ports, airports, rail, and bus stations related to passengers, animals, perishable food, and essential goods for the national economy, covering their respective loading and unloading; and transport and security of monetary values.
The extension of services covered by minimum services is, incidentally, one of the measures proposed in the government’s draft revision of labor legislation.
