Legal questions · 11N

Strike without fear

Striking is a fundamental right. Here we answer the most common questions: what your employer can and can't do, how to take part in a picket, and what to do if the police ask for your ID or you get a fine.

This information is for guidance only and is not a substitute for legal advice. If you run into any problem, talk to your union or your strike committee.

At work

Your right to strike

Do I have to tell my employer I'm going on strike?

No. You have no obligation to tell your employer in advance that you're joining the strike, or to explain why. It's a fundamental right: on the day, you can exercise it and not go to work.

My boss is asking whether I'm going on strike. Do I have to answer?

You don't have to say. You can not answer, say you haven't decided yet, or give a vague reply. Your employer can't use questions, pressure or threats to make you give up your right: “I need to know so I can plan”, “tell me now if you're coming in”, “there'll be consequences”… If you're worried about retaliation, it can help to put in writing (an email or a message through the usual channel) that you're exercising your right to strike. If they pressure you, keep evidence and talk to your union.

Can I be fired or disciplined for striking?

They can't fire or punish you for exercising your right to strike: no disciplinary action, no worse conditions, no penalty for having taken part. A dismissal or sanction for striking is null and void, and can also lead to penalties for the employer. Being prohibited doesn't mean it never happens: the employer may try to disguise it as something else. That's why keeping evidence from the start matters so much.

I've been fired or disciplined. What do I do?

Don't let it slide, and act fast: the deadlines to challenge it are very short. If they hand you a final settlement or a letter, sign it with «No conforme» (I do not agree) and write the actual date you received it. Gather everything you have (emails, messages, shift changes, witnesses) and go to your union straight away.

Will I lose pay for striking?

Yes. During the strike your contract is suspended: you aren't paid for that day and no Social Security contributions are made for it. The proportional part of bonus payments and weekly rest is also deducted. Your holidays aren't affected, and attendance or punctuality bonuses depend on your collective agreement. But striking isn't a punishment: your employer can't dock anything else as a penalty. Striking has a cost; having no rights costs far more.

If I strike, can they get someone else to do my job?

No. Replacing striking workers is illegal: they can't hire people from outside to do your job, move other co-workers to different posts or duties to cover for you, or replace you with automated means. If you think this is happening, document what you can and report it to your union.

What if there are minimum services?

Minimum services are set when a strike affects essential services, and they don't mean the whole workforce has to work. If you're designated, your employer must notify you in a verifiable way (in writing; a phone call isn't enough) and you must comply with the hours and duties assigned. Minimum services can't be used to empty the strike in practice: if in doubt, talk to your union.

I work from home. Can I strike too?

Yes. Remote working doesn't take away your right to strike. Striking isn't just not going to the office: it's not working. That day you don't log on, don't answer emails, don't take work calls and don't do any tasks. You can strike from home too.

I'm on probation. Can I strike?

Yes, you have the same rights. But it's a very unprotected time, so it's especially important to put in writing that you're exercising your right and to keep evidence of any pressure.

I'm a domestic worker. Can I strike?

Yes. The rules governing domestic work give you the same basic labour rights, including the right to strike. As it's a more exposed job, put it in writing and, if there's any retaliation, go to your union.

There's no works council or union branch at my workplace, or I'm not a union member. Can I strike?

Yes. The right to strike belongs to each worker, whether or not she's a union member and whether or not there's union representation at her workplace. If your employer says otherwise, they're lying.

Is this strike legal?

Yes. 11N is a general strike lawfully called by unions with a presence in the territory, which have met the requirements on advance notice and on the content of the call. Any employed worker can join it.

I'm self-employed. Does this apply to me?

The strike is called for employed workers, but as a self-employed worker you can stop that day and pull down the shutters. Your relationship with your clients has nothing to do with the right to strike, so think about how you can join in. We explain it in the Shutters down campaign.

“If you strike, we'll see…”

Your employer can't threaten you or retaliate to stop you from striking. If you receive threats, intimidating messages, warnings about “consequences” or pressure not to take part, keep everything: emails, WhatsApps, internal communications, shift changes, later sanctions… Document what happens and contact your union.

On the street

Pickets and mobilisations

What can an information picket do?

A picket explains the reasons for the strike and encourages people to join: handing out leaflets, talking to people arriving at work, holding banners, using a megaphone or collecting money. The limit is respecting the decision of anyone who doesn't want to take part: threats, intimidation and violence fall outside the right to strike. Talk without surrounding or following anyone, keep exits clear, and don't stand in front of moving vehicles.

Do we need permission for a rally or a demonstration?

No. Assembly and demonstration are fundamental rights and don't need authorisation. What you do have to do is notify the Government Delegation in advance: between 10 and 30 days before, or at least 24 hours before for urgent reasons, stating who is calling it, the place, time, purpose and route. Keep the receipt. If they ban or change it, they must give reasons and notify you within 72 hours; there are 48 hours to appeal, so get legal advice straight away.

Road blockades, access blockades or occupations

Each action carries its own legal risks. Before organising a road blockade, blocking access or an occupation, learn about the possible consequences and make sure you have legal support from your union or committee.

The police are asking me for ID

They can ask for your ID if they see signs of an offence or to prevent a crime, and they must tell you why. Ask: “What is the reason for this ID check?” and, if they won't let you leave, “Am I under arrest or is this an ID check?”. Don't give false details or struggle: any abuse can be challenged later with legal support. If they can't identify you there, they can take you to the police station for that purpose only, for a maximum of six hours, and when you leave they must give you a certificate: ask for it and keep it. Note the time, the place and any visible badge numbers.

What if I'm arrested?

You have the right to know why, to remain silent, to a lawyer (and to speak to her privately before making a statement), to have someone you trust informed, to an interpreter and to medical care. You can say: “I want to remain silent and speak privately with my lawyer”. Detention must last only as long as strictly necessary, up to a maximum of 72 hours before you're released or brought before a court. If you see a fellow striker being arrested, note the time, the place and where they're taking her, alert the legal support team, look for witnesses and keep any recordings.

Can I film the police?

Yes. Filming police action is not an offence in itself, as long as you do it from a safe position and don't obstruct them. The police can't take your phone just for filming: if they do, ask for the reason and a receipt. Keep the original, uncut file and hand it to the defence; posting it on social media is a separate decision, and you need to protect the identity of the people who appear in it.

I've received a fine or a summons

Being asked for ID doesn't mean you'll be fined. If a notice arrives, keep it together with the envelope or delivery receipt and the date you got it, and tell the legal support team as soon as possible: deadlines are short. For minor and serious fines you can pay with a 50% reduction within 15 days, but then you can no longer appeal. Get advice before you decide to pay.

Before 11N

Before you go out

  • Bring your DNI (or your ID documents): you don't always have to carry it, but it avoids being taken to a police station to be identified.
  • Write down your union's or committee's legal support phone number, on paper or on your arm too.
  • Lock your phone with a PIN and don't carry lists, addresses or any data you don't need.
  • Bring water, comfortable clothes and shoes, and your medication if you need it, and tell someone you trust if you have a medical condition.
  • Agree on a meeting point in case the group gets separated, and on who you'll go home with.

Still have questions?

Ask your union, your strike committee or your co-workers, but don't stay at home. Find your committee on Toka or write to us at [email protected].