The metal trade unions negotiating the metal sector agreement in the province of Barcelona have called a strike in the sector for October 27 and 28, 2022 to demand a decent agreement appropriate to the current economic situation.
Today the strike has revoked
If any worker in your company informs you that he/she is going to exercise the right to strike on October 27 and 28, 2022, you must inform your labor advisor of the names and days that these workers are going to exercise their right to strike, the same day that you are informed or at the latest on the morning of October 31, 2022, since we will have to modify the payroll that has already been sent to you for that month of these workers since those days that they do not work do not have the right to receive their salary.
The exercise of the workers’ right to strike is recognized in article 37.2 of the Constitution and has labor and Social Security consequences.
Labor consequences of the strike:
– The legal strike does not extinguish the employment relationship but suspends it without the right to reserve the job, so that the worker does not work and is not entitled to salary while exercising the right.
For these purposes, salary is understood to be the base salary, allowances, the proportional part of special payments and benefits and the proportional part of weekly rest periods.
Discounts are reflected in the payroll corresponding to that month -except for the proportional part of the extra payments, which will be deducted in the month in which they are accrued-.
– The strike period is considered a period of service for seniority, leave or vacation purposes, so that these are not altered, and the exercise of the right cannot give rise to any penalty, nor are absences from work for this reason computed for the purposes of objective dismissal.
Social Security consequences:
– The worker on legal strike remains in a situation of special registration with the Social Security, being considered in a situation assimilated to that of registration, so that the obligation to contribute is suspended for both parties and the worker has the possibility of subscribing a special agreement to complete the contribution bases for permanent disability, death and survival, retirement, and social services.
– During the strike, contributions are paid for the wages received according to the time worked on the day of the strike.
If you have any doubts about this, please contact your labor advisor.
