For those seeking legal advice and wishing to understand the complexities of the general strike announced for fall 2026, Fernanda Vargas offers her expert legal services in labor law. If you would like personalized consultation, contact her via WhatsApp here or book an appointment through Calendly here.
1. What Has Been Announced: The 24-Hour General Strike by CCOO and UGT and What Remains to be Finalized
On October 5, 2026, the trade unions CCOO and UGT announced a 24-hour general strike aimed at demanding dignified wages that enable access to decent housing. This marks the first joint general strike since 2012 and the first under President Pedro Sánchez. Although the strike will take place before November 13 to avoid clashing with the general election campaign scheduled for November 29, some details remain to be clarified, such as the exact date and the definition of minimum services, which will be determined in coordination with social organizations and tenants’ unions.
2. The Right to Strike in Spain: The Constitution, RDL 17/1977, and STC 11/1981
Spain’s legal framework for the right to strike is grounded in Article 28.2 of the Constitution, which guarantees the right of workers to suspend their work. Additionally, the Royal Decree-Law 17/1977, from March 4, establishes the rules governing labor relations, clarifying in Articles 6.1 and 6.2 that the exercise of the strike does not terminate the employment relationship. The Constitutional Court’s ruling 11/1981 further interprets these regulations by allowing general strikes based on socio-economic claims, provided the protections for workers are maintained.
3. Is a General Strike for Housing and Wages Legal? The Debate on the ‘Political Strike’
The legality of launching a general strike to demand better housing and higher wages has sparked considerable debate. While groups like CEOE have questioned whether housing issues should be framed as a labor conflict, the Ministry of Labor has expressed absolute respect for the right to strike. Although Article 11.a) of RDL 17/1977 deems strikes for political motives or causes unrelated to employees’ professional interests as illegal, interpretations based on STC 11/1981 have allowed room for socio-economic claims during general strikes.
4. Who Can Support the Strike: Employees, Temporary Workers, Discontinuous Workers, and Foreign Workers with a Work Permit
The call for the general strike is inclusive and goes beyond traditional employees. Not only are full-time workers covered, but temporary workers, discontinuous workers, and even foreign workers with valid work authorizations are also entitled to participate. This inclusive stance ensures that the right to strike is accessible to all individuals in the labor market, irrespective of their contractual status or nationality.
5. Is It Necessary to Notify the Employer? Notice Period and Individual Freedom
A key aspect of executing a general strike is the requirement to notify the employer. Article 3 of RDL 17/1977 mandates that the notice of a strike be provided in writing at least five calendar days in advance, and for public services, this period extends to ten days. It is important to note that the responsibility for notifying falls on the organizing bodies rather than on each individual worker, thereby safeguarding the individual’s freedom to decide whether or not to participate.
6. How Much Is Deducted from Your Paycheck: Salary, Weekly Rest, Extra Payments, and Holidays
During the strike, employees will not only lose the day’s wage but may also face deductions for the proportional value of weekly rest periods and any affected public holidays. However, vacation entitlements are preserved. Jurisprudence, including rulings such as the Supreme Court’s judgment 709/2015, indicates that the effective deduction for one day of strike can be around 1.4 times the daily wage, depending on the collective bargaining agreements and the work schedule.
7. Effects on Social Security: Special Registration, Unemployment, Temporary Incapacity, and Pension
In terms of Social Security, while the employment relationship is suspended during the strike, the worker is placed under a special registration status. This means that no regular contributions are made for those days, although the worker’s seniority remains intact. Moreover, during the strike period, workers are not eligible for unemployment benefits, and issues such as temporary incapacity or pension calculations are managed under specific regulations that account for special registration periods.
8. Minimum Services: Who Determines Them, Who Must Comply, and What Happens if They Are Not Met
Minimum services refer to the essential operations that must continue to prevent significant disruption to the economy and daily life. The government holds the responsibility for defining these services based on the specific sector and activity involved. Workers assigned to these roles must comply with the directives established, and failure to meet these service requirements can trigger mandatory arbitration or the resumption of regular work conditions within a stipulated period, as described in Article 10 of RDL 17/1977.
9. What Employers Cannot Do: Retaliation, Dismissals, and Replacement of Strikers
Legal safeguards ensure that employers cannot take retaliatory actions against workers who join the strike. Any measures such as dismissals, punitive sanctions, or the substitution of striking workers with non-affiliated staff are considered serious infringements on the right to strike. Such actions are subject to legal challenge, with the risk of nullification of the employer’s decisions and severe consequences under labor law.
10. Rights of Those Who Do Not Participate in the Strike and Limits on Picketing
Workers who choose not to join the strike also have their rights protected. The law ensures that there is no pressure or coercion for someone to participate against their will. Additionally, regulations governing picketing establish clear limits to prevent blockades or disruptions that could infringe on the rights of bystanders or other workers.
11. Self-Employed and Companies: Shutdowns, Work Organization, and Registration Obligations
While the focus of the strike is on employees, self-employed professionals and companies also face significant implications. Self-employed individuals must consider the temporary closure of their activities, their registration obligations, and how to reorganize their work in compliance with labor regulations. Companies, on the other hand, should adjust their internal protocols to balance the right to strike with the need to maintain minimum essential services.
12. Frequently Asked Questions and a Checklist for Workers and HR
Below are some of the frequently asked questions regarding the strike:
- Will the day of the strike be deducted from my salary? Yes, and in some cases, the proportional value of weekly rest and public holidays may also be deducted.
- Does the strike affect my Social Security seniority? No, the days do not affect your seniority as they are registered under a special status.
- What happens if the minimum service requirements are not met? The authorities may invoke mandatory arbitration or require a prompt resumption of work to avoid serious economic damages.
- Are foreign workers protected? Absolutely, workers with valid work permits enjoy the same right to strike as any other employee.
13. Conclusion: When It Is Advisable to Seek Professional Advice
The complexities and legal intricacies surrounding the upcoming general strike make it essential for both employees and employers to obtain professional legal guidance. Interpreting the legal framework, analyzing the impact on salaries and Social Security, and ensuring that all procedural requirements are met are critical steps to safeguard rights and avoid future disputes. Fernanda Vargas, with her extensive expertise in labor law, stands ready to offer clarity and effective support. Do not hesitate to contact her via WhatsApp here or book an appointment through Calendly here for the expert advice you need.