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This Tuesday, the metal sector of Cádiz began an indefinite strike after failing to reach an agreement with the Federation of Metal Entrepreneurs of the province (FEMCA). Nearly 20,000 workers demand that the collective agreement introduce a salary reform that the employers reject. Specifically, from the representation of the workers, increases of 2% are requested for this year, 2.5% for 2022 and 3% for 2023. The employer's proposal involves a general increase of 0.5%, applicable from September 2021, an increase of 1.2% in 2022 and 1.5% in 2023, in addition to establishing a validity of three years for the agreement. The first day took place with minor incidents , among which the raising of barricades and the confrontation of some strikers with the police stand out. The strike is a pressure measure frequently used during the negotiation process of a new collective agreement. The collective agreement is an agreement freely reached through a transactional process in which representatives of workers (social bank) and employers (business bank) participate. It regulates aspects of the employment relationship such as salaries, hours, vacations and other working conditions. During the validity of the agreement, the so-called peace clauses are usually agreed upon , by which the workers undertake not to strike during the duration, as long as the established conditions are applied as agreed
The metal sector of Cádiz began an indefinite strike after failing to reach any agreement with the Federation of Metal Entrepreneurs of the province (FEMCA)» (Photo: Economist & Jurist) Regulation of the right to strike There is no international standard that regulates the right to strike; European Union legislation refers to the internal regulations of each country. In Spain, the right to strike is recognized for workers in art. 28.2 of the Spanish Constitution (CE), so it is a WhatsApp Number List fundamental right. The rule that regulates the exercise of this right is Royal Decree 17/1977, of March 4, on labor relations. At this point the reader may have a doubt: since the strike is a fundamental right, shouldn't it be regulated by organic law and not by a Royal Decree? : the answer is yes. RD 17/1977, of March 4, is a pre-constitutional regulation (that is, it was established before the Constitution). When the Constitution was approved, an appeal of unconstitutionality was raised against this Royal Decree, which was resolved by STC 11/1981, of April 8. This ruling validated the norm, declaring it in accordance with the Constitution. He repealed some of its precepts and established how others had to be interpreted. Given their fundamental nature, agreements established in individual employment contracts that contain the waiver or any other restriction on the right to strike are void.
However, Collective Agreements may establish complementary rules related to the procedures for resolving conflicts that give rise to the strike, as well as the renunciation, during their validity, of the exercise of such right (peace clauses). It is often stated that the right to strike is individual, but collective . Its convocation, management and termination are carried out by a collective entity representative of the workers (works committees and unions). Workers individually cannot call a strike, but they are the ones who decide whether to support it or not. Employment relationship during the strike The exercise of the right to strike does not extinguish the employment relationship . During the time for which it is extended, the contract is considered suspended and the worker will not have the right to the salary (nor to the proportional part for the days of strike that corresponds to the salary paid during the vacation period). The employee will continue to be registered with Social Security, but in a special registration situation in which the contribution obligation on the part of the company and the worker is suspended. «The exercise of the right to strike does not extinguish the employment relationship» (Photo: RTVE) The worker does not have to inform the company in advance about whether or not he is going to join the strike .
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发表于 2023-11-29 12:20:38