For the second consecutive year, a feminist strike has been called for 8-3-2019 with the aim of combating inequality and violence faced by women in different areas of their lives, including at work.
The strike has been called by the various unions in the form of strikes ranging from 1 to 24 hours. In particular, the calls of each union are as follows:
a) 24 hours: ELA, LAB, CGT, CNT, CIG, Confederación Intersindical, CIG and SAT.
b) 2 hours extendable: CCOO and UGT.
c) 2 hours: USO.
d) 1 hour: CSIF.
Participation in a strike has the following labor and Social Security consequences:
1. Regarding employment consequences:
- the employment contract is suspended and the right to reserve the job is maintained;
- the company may deduct the salary for the time the strike lasted. For these purposes, the following are deducted:
- salary payments (base salary, allowances...):
- non-wage items: depends on the specific circumstances and the type of payment;
- The proportional part of the bonus payments, which is deducted at the time the bonus payments are paid.
In addition, the employee cannot be penalized for exercising the right to strike, and dismissal for this reason is null and void. Likewise, absences resulting from participation in a legal strike are not computed to justify the termination of the contract due to absence from work.
Striking workers cannot be substituted in order to minimize the strike or empty it of its content (external, internal and technological scabbing).
2. Regarding the Social Security consequences:
- the worker remains in a situation of special discharge, the obligation to contribute is suspended for both parties and the worker has the possibility of signing a special agreement to complete the contribution bases;
- contributions are paid only for the wages actually received according to the time worked on the day of the strike.