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Disputes that affect workers' general interests can be resolved by means of
the industrial disputes procedure.
In collective disputes a distinction must be made between:
- A conflict of application, which arises when a rule is applied or interpreted
- A conflict of interest or regulation, which seeks to amend a rule or replace it
by another
Who is authorised to represent workers' interests during a dispute?
Workers' representatives in the area corresponding to the dispute, on their
own initiative or on that of the people they represent (personnel
representatives acting as a whole, works committees, the inter-workplace
committee, trade unions which are sufficiently well established in the company
or sector involved in the dispute)
Employers and their representatives (employers' associations)
The Strike
The Spanish Constitution recognises workers' right to strike in order to
defend their interests. Strike means the temporary, collective and concerted
cessation of labour provision by workers, as a means of pressure in the defence
of their interests.
The notice agreement or strike declaration, once adopted, must be
communicated to the employer and to the labour authority by the workers'
representatives.
Effects:
- Exercise of the right to strike does not end the employment relationship
- During the strike, the contract is considered to be suspended; workers are not
entitled to wages and will be in a situation of special coverage by social
security
- The freedom to work for workers who do not wish to join the strike will be
respected
Despite exercising the right to strike, some workers may be obliged to continue
their work if they have to provide safety or maintenance services to the
company, or if the company has to provide a service which is essential to the
community (in the latter case by a decision of the governing authority).
- Workers will not be entitled to the allowance in cash for temporary invalidity
that begins during this situation and while it persists
- Workers will not be entitled to unemployment benefit because the employment
contract has been suspended
Text last edited on: 06/2005
Source: European Union
© European Communities
Reproduction is authorised.
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