- The strike may force cutting service even if the business opens
- What to do if a worker cannot get to work
- The strike time determines what the company discounts and quotes
any restaurant can run out of service kitchen today, Wednesday, November 11, if its only cook supports the general strike; although the waiters come to work. The call is 24 hours and covers all of Spain.
“If the cook is not there, I cannot have the worker who is in charge of cleaning cook,” Jesús Fernández-Bravo, president of Labor Advisory Economists (EAL-CGE), explained to this medium.
The expert pointed out that self-employed workers with employees and SMEs they can’t ask beforehand to each worker if they plan to join the strike. For those who support him, the salary discount It is calculated based on the duration of the strike, whether it is the entire day or just a few hours.
Las transportation incidents They can also delay or prevent the arrival of employees who were scheduled to work. Before notifying Social Security who has supported the strike, the company will have to verify the cause of each absence.
The strike may force cutting service even if the business opens
The decision to participate is individual. Fernández-Bravo recalled that “It is not necessary for the worker to be a member of a union to be able to support the strike.” The advance notice corresponds to those who call the strike.
“Before the strike, the worker has no obligation to notify the company,” he said. According to the expert, the business should not ask either in advance to each employee if they plan to join.
The company must respect the right to work of those who decide to attend. In essential services such as transportation or health, the personnel designated to cover the minimum must provide the service during the hours assigned to them.
The company cannot hire reinforcements or change functions to replace strikers.
The staff who attend can continue doing their usual work. “If there are two colleagues doing the same task and one does not come, I will be able to function at 50%”, exemplified Fernández-Bravo.
As a general rule, the company cannot hire reinforcements, divert work to a contractor, or entrust another employee with functions outside their position to replace a striker.
The self-employed person can fill the position if they already perform those functions and are qualified
“The owner could cover them if you have those functions entrusted and the capabilities to perform them,” Fernández-Bravo explained about the positions affected by the strike. For example, the owner of a restaurant who already cooks regularly can continue preparing meals that day.
If the position fell exclusively to an employee, assuming their duties in an extraordinary manner to maintain the service may violate the right to strike. The expert pointed out that “If there is only one cook or a clerk and he doesn’t come, I can’t replace him.”
Lockout must be notified within 12 hours and may affect salary
The restaurant can stop serving customers and maintain normal internal tasks. “If the bar cannot open to the public because the cook is not there, for example, the waiters can do cleaning tasks, replenishing the warehouse or taking inventory”, Fernandez-Bravo explained.
He lockout prevents access to the center. The law allows this in the event of a clear danger of violence to people or serious damage to property, an illegal occupation or a certain risk of its occurrence. It also applies if absences or irregularities seriously impede normal activity.
The company has 12 hours from closing to communicate it to the labor authority and must limit it to the essential time.
A legal closure suspends contracts of the affected personnel and, for that time, the obligation to pay salaries and contributions. If the closure is illegal, the business must pay those who stopped working because of that decision.
If the self-employed person joins the protest on a personal basis, that decision alone does not suspend contracts of your template.
What to do if a worker cannot get to work
A Cercanías cancellation may prevent an employee who was scheduled to work from arriving. “You have to communicate to the company who has not gone to his post because it has been impossible for him to get there, not because he wanted to support the strike,” said Fernández-Bravo. A receipt from the operator can prove the delay or cancellation.
“A teacher wants to get to his workplace and can’t because the road is closed,” the expert gave as an example. In that case, consider that it would be necessary to pay for the day. The payment depends on the cause of the impediment and what the law and the agreement provide.
The Workers’ Statute provides for paid leave, for example, when a travel restriction dictated by the authority prevents reaching the center.
When circumstances allow, the company and the worker can agree to telework o to recovery of hours.
Cercanías will have state minimums of 75% at rush hour and 50% the rest of the day
Fernández-Bravo explained that, presumably, they will be affected public transport, metro, bus, tram… “We will have to see what services work and what is the follow-up,” he added.
Renfe released the minimums set by the Ministry of Transport for state railway services during the general strike on Wednesday the 11th. “On Tuesday and Thursday there is a train drivers’ strike,” recalled Fernández-Bravo, in reference to the Semaf strikes on November 10 and 12, which have their own minimums.
In Rodalies and Regionals of Cataloniathe Generalitat set a minimum of 25 % of the usual service only 06:30 a 09:30 and of 16:30 a 21:00.
The strike time determines what the company discounts and quotes
“The strike also may be partial,” Fernandez-Bravo recalled. Once the cause of the absence has been verified, the workday record helps determine how many hours of the shift correspond to unemployment.
“Neither the company nor the worker pays contributions for the hours of the strike,” he explained. If the strike covers the entire day, the contract is suspended during that time and the employee remains on special registration with Social Security. If you work part of the shift, you are still registered and are paid for the salary for the hours worked, with the corresponding minimum hourly basis.
If an employee supports the strike for two hours of an eight-hour shift, the company calculates the discount based on those two hours. “Also the proportional part is deducted of the extraordinary pay,” said the expert. If the extra is prorated, the adjustment appears on the month’s payroll. If it is collected separately, it is reflected when paying it.
The company or its authorized representative must communicate the start and end of the strike in the Sistema RED. The inactivity key is 2 for the total strike and the 3 for the partial. In the latter case, the proportion of hours actually worked is also indicated.
“Preferably, on the same day, as soon as the company is aware,” recommended Fernández-Bravo. The regulations establish five calendar days from the day after the strike to communicate the list of those affected, whether the strike is total or partial. The Order of April 30, 1977 provides for the same period for communicating reinstatement.
The ordinary technical deadline published by the Treasury to record inactivity in RED reaches the penultimate day of the month following the month of the variation.
A sanction, a bonus or a change of shift can violate the right to strike
The company can sanction a proven work absence during the strike. “Supporting the strike is not a reason for dismissal. That dismissal would be null and void,” said Fernández-Bravo. The annulment obliges the worker to be reinstated and to pay him the wages he stopped receiving.
Changing a shift, demoting a worker, or failing to renew a temporary contract can constitute retaliation if the company uses that measure to punish you for your participation. “If the worker provides reasonable indications of retaliation, the company will have to prove that your decision responds to objective causes and unrelated to the strike,” he explained.
“Establish a extraordinary bonus exclusively for those who go to work on the day of the strike can violate that right,” he warned. If the company already pays a bonus for assistance, it is necessary to review what the agreement provides for. “The bonus cannot be used as a specific or disproportionate penalty for supporting the strike,” he added.
Source: www.autonomosyemprendedor.es
