Your strike rights in Spain if you join or your workplace stops

Terms used

• Alta especial — The alta especial is a special Social Security registration status that keeps you registered during a lawful strike without contributions.
• Convenio especial — The convenio especial is a voluntary agreement with Social Security to pay contributions yourself so certain periods count towards your pension.
• Pagas extra — The pagas extra are the extra pay instalments, usually summer and Christmas, that many Spanish contracts add to annual pay.
• Nulo — Nulo means null and void: a dismissal declared nulo is cancelled and you are reinstated with back pay.

Key rules

• Pay: You lose pay only for the time you actually strike, so one hour on strike costs one hour's pay.
• Pension: Strike days do not count towards your pension unless you pay a special agreement for them.
• Dismissal: Being dismissed or punished for a lawful strike is null and void, and you are reinstated with back pay.
• Replacement: Your employer cannot replace strikers with new hires.
• Unemployment benefit: You get no unemployment benefit for strike days, but you can claim it if dismissed after the strike.

The short answer

You have the right to strike, and joining a lawful strike cannot cost you your job. The price is your pay: while you strike, your contract is suspended and you are not paid for that time.

Who can call a strike

A strike can be called by workers' representatives, by the workers themselves through an assembly decision, or by a union. The notice rules and the steps are in the timeline and checklist below. In short, the employer and the labour authority must be told in advance, and the notice must give the aims, the start date and the strike committee. The notice period is 5 days, or 10 days if the company provides public services.

When a strike is not lawful

A strike is generally unlawful if it is:

• political
• a solidarity strike with no direct interest for you
• a sit-in or a rotating strike
• against the terms of a collective agreement that is in force
• called without the required notice

If your workplace stops because of a strike, check that these conditions were met before you join. Joining an unlawful strike can justify discipline, including dismissal, but only if you took part in unlawful acts.

What happens to your pay

Your employer does not pay wages for the time you strike, and may deduct them. The deduction covers only the hours or days you actually strike. A one-hour stoppage costs you one hour's pay, not a full day.

Daily pay is normally worked out by dividing annual pay by 365, or monthly pay by 30. The deduction also includes the matching share of your extra pay (pagas extra) for that time. The employer cannot deduct more than the strike time, and cannot deduct rest days or public holidays that fall outside it.

Civil servants have their own deduction rules. Your collective agreement can change the divisor and how extras are treated, so ask your union or HR.

Social Security, pension and benefits

During a lawful strike you stay registered in a special status (alta especial). Healthcare continues. Neither you nor your employer pays contributions for the strike days. That has these effects:

• The strike days do not count towards your pension or other benefits, unless you pay a special agreement (convenio especial) for them.
• You get no unemployment benefit for the strike period.
• Sickness cash benefit that starts during the strike is not paid.
• If you are dismissed after the strike, you can claim unemployment benefit.

Your employer reports the strike days to Social Security.

Your job is protected

Dismissing or punishing you for a lawful strike is null and void (nulo). You would be reinstated with back pay. Your employer also cannot replace strikers with new hires.

Essential and public services

If you work in a public or essential service, the authority sets minimum services you must still provide. The level is set case by case and can be challenged in court. Ask the labour authority or your union what applies to you.

Timeline and deadlines

• Notify the employer and the labour authority of the strike, stating its aims, start date and strike committee: at least 5 days before the strike starts

• Notify the employer and the labour authority if the company provides public services: at least 10 days before the strike starts

Checklist

• Check that the employer and the labour authority were notified at least 5 days ahead, or 10 days if the company provides public services.

• Check that the notice states the aims, the start date and the strike committee.

• Check that the strike is not political, a solidarity strike or against a collective agreement in force.

What to watch out for

• Joining an unlawful strike: A strike is unlawful if it is political, a solidarity strike without direct interest, a sit-in, a rotating strike, lacks proper notice, or breaches a collective agreement in force. Dismissal is possible if you took part in unlawful acts. Check the notice and the strike type before you join, and ask your union if unsure.

• Dismissal or punishment for a lawful strike: Dismissal or a sanction for joining a lawful strike is null and void (nulo). You are reinstated with back pay. If it happens, challenge it quickly and keep the dismissal letter.

• Ignoring minimum services: In essential services you must still work the minimum services set by the authority, and refusing can lead to discipline. Ask your employer for the minimum services list before the strike day.

Frequently asked questions

How much pay is deducted if I strike for one hour?

Your employer may deduct only one hour's pay, not a full day. Daily pay is normally worked out by dividing annual pay by 365, or monthly pay by 30. The deduction also includes the matching share of your extra payments (pagas extra), but never pay for rest days or public holidays outside the strike time.

Do strike days count towards my pension?

No, strike days do not count as contribution time for your pension or other benefits unless you pay a special agreement (convenio especial) for them. You stay registered in a special status and keep your healthcare.

Can my employer fire me for joining a strike?

No, dismissing or sanctioning you for joining a lawful strike is null and void, and you must be reinstated with back pay.