LABOUR LAW PRACTICUM XXIII

LABOUR LAW PRACTICUM XXIII: General Strike in Spain Called for 11 November 2026

A 24-hour nationwide general strike has been called in Spain for Wednesday, 11 November 2026. The strike has been promoted by the major Spanish trade unions CCOO and UGT, together with other trade union organisations and social groups, although it does not have the support of all representative trade unions in Spain.

The strike is primarily linked to difficulties in accessing housing in Spain and their connection with wage levels and purchasing power. The demands also encompass issues relating to collective bargaining, working time reduction, occupational health and safety and job insecurity.

The proximity of the strike to the start of the Spanish general election campaign has generated particular controversy. Various employers’ organisations, political parties and other stakeholders have questioned its strictly employment-related nature and have argued that the strike may have a political or electoral dimension. The unions calling the strike maintain, by contrast, that their demands are directly connected to workers’ economic and employment conditions.

From a strictly Spanish legal perspective, Article 11 of Royal Decree-Law 17/1977 of 4 March on Labour Relations (Real Decreto-ley 17/1977, de 4 de marzo, sobre relaciones de trabajo) provides that a strike is unlawful where it is initiated or maintained for political reasons or for any purpose unrelated to workers’ professional interests. However, the possible existence of political elements does not automatically render a strike unlawful where the action also pursues employment-related, professional or socio-economic demands directly connected with workers’ interests. Any definitive assessment would require consideration of the actual objectives and circumstances of the strike and would ultimately be a matter for the Spanish courts.

In any event, unless and until the strike is declared unlawful by a court, it must be treated as lawful for all purposes, with the full protection afforded to the right to strike under Article 28.2 of the Spanish Constitution.

The Spanish Confederation of Employers’ Organisations (CEOE) initially announced its intention to challenge the general strike of 11 November before the courts, describing it as electoral rather than employment-related, but ultimately decided not to bring such proceedings before the strike takes place. This does not represent a substantive change in CEOE’s position -the employers’ organisation continues to criticise the mobilisation-, but rather reflects the extremely limited prospects of a successful challenge in view of the particularly broad interpretation of the fundamental right to strike adopted by Spanish case law. In our view, this decision not to pursue the legal challenge is mistaken: notwithstanding the unfavourable judicial approach, the matter should be tested before the courts, particularly given the exceptional circumstances of a general strike which, for the first time in Spain’s history, is directed against the political opposition, which in our view constitutes the underlying purpose of the action.

In any event, as we have done in connection with previous strike calls, the purpose of this circular is to provide employers operating in Spain with a practical reminder and summary of the principal employment law implications arising from the general strike.

1. Scope and characteristics of the general strike in Spain

Based on the information currently available, the key features of this general strike, the first to be called in Spain since the general strike of 14 November 2012 during Mariano Rajoy’s government, are as follows:

It will take place on Wednesday, 11 November 2026.
It will last for 24 hours.
As a general rule, it will affect all sectors of activity throughout Spain.
Any employee falling within its scope may participate, irrespective of whether they are a member of any of the trade unions calling the strike.
The strike is primarily presented as a demand for wage levels that enable workers to access adequate housing, together with other employment-related and social demands.

Certain regional trade unions have also announced their support for the strike or their intention to file separate strike notices within their respective territorial jurisdictions. Employers, particularly those with workplaces in different Spanish Autonomous Communities, should therefore check the specific notices and strike calls that ultimately apply to their workplaces, together with any minimum-service orders applicable to businesses providing essential services or carrying out essential activities.

Employers should also verify whether specific strike calls have been issued for particular sectors in Spain, such as transport, healthcare or education. The terms of such sector-specific calls may differ in part from those of the nationwide general strike and may require separate arrangements in relation to minimum services and internal organisation.

2. Employees’ right to participate in the strike

Under Spanish law, the right to strike is a fundamental right. It belongs individually to employees, although it is exercised collectively.

Employers in Spain should bear the following principles in mind:

Participation in the strike is voluntary.
No employee may be forced either to participate in or refrain from participating in the strike.
Employees are not required to inform their employer in advance that they intend to participate in the strike.
Employers should not conduct surveys, make individual requests or take other steps aimed at identifying in advance which employees intend to participate.
No disciplinary, discriminatory or detrimental measure may be taken against an employee merely because they lawfully participate in the strike.
The right to work of employees who decide not to participate in the strike must also be respected.

Employers must refrain from any direct or indirect action that obstructs or penalises the exercise of the right to strike, while also respecting the freedom of employees who decide not to participate. This protection derives from Article 28.2 of the Spanish Constitution and Spanish Constitutional Court case law on strike-breaking (esquirolaje), which prohibits not only the external or internal replacement of striking employees but also -in accordance with Spanish Constitutional Court Judgment 24/2026 of 12 March (STC 24/2026), which clarifies the principles established in STC 17/2017- the replacement of the contribution made by striking employees to the production process through human, technical or technological resources where this has the effect of minimising, reducing or limiting the impact of the strike (“technological or organisational strike-breaking” or esquirolaje tecnológico u organizativo). Employer conduct falling within these categories may amount to an infringement of a fundamental right, with the corresponding legal consequences under Spanish law.

Workplaces in Spain may remain open as normal during the strike so that employees who do not participate may attend work. However, an employer lockout (cierre patronal) is an exceptional measure and is interpreted restrictively under Spanish law. It is only lawful where one of the circumstances provided for in Article 12 of Royal Decree-Law 17/1977 is present, including danger to persons or property, unlawful occupation of the workplace or a serious inability to continue the production process because of the extent of participation in the strike. Where applicable, the lockout must be notified to the Spanish labour authority in accordance with Article 13 of Royal Decree-Law 17/1977.

Employers nevertheless retain their constitutional freedom to conduct business under Article 38 of the Spanish Constitution. Accordingly, during the strike they may adopt legitimate organisational measures, provided that those measures do not amount to the unlawful replacement of striking employees. Such measures may include:

Reorganising production or shifts among non-striking employees, provided that tasks are redistributed within their ordinary duties.
Using technical resources already ordinarily available within the business to maintain a minimum level of activity, provided that they are not specifically used to replace the contribution of striking employees.
Recruiting temporary staff to meet production requirements entirely unrelated to the strike.
Informing clients and other third parties of the impact of the strike on business operations, provided that this does not amount to coercion.
Continuing to exercise ordinary management and monitoring powers, including time recording and monitoring compliance with minimum services, within the ordinary legal framework.

The key distinction under Spanish constitutional case law is whether a particular measure is intended, or has the effect, of neutralising or minimising the pressure generated by the strike. If it does, the measure may constitute external, internal, technological or organisational strike-breaking. If the measure merely involves management of the business within the employer’s ordinary managerial powers, it may fall within the legitimate exercise of freedom of enterprise.

3. Informational picketing

Under Spanish law, pickets may carry out peaceful activities aimed at informing, publicising and persuading employees in connection with the strike. However, they may not:

Physically prevent access to the workplace.
Coerce or intimidate employees who decide to work.
Cause damage to persons, property or facilities.
Violently obstruct the normal operation of the business.

In the event of an incident, employers should carefully document the circumstances and act proportionately. The intervention of the Spanish police or other security authorities should be reserved for situations involving coercion, violence, damage or an actual risk to persons or property.

The possible commission of criminal or administrative offences by individual members of a picket does not alter the fundamental nature of the right to strike of other employees and does not entitle an employer to introduce general measures restricting that right beyond what is strictly necessary to protect people and property.

4. Prohibition on replacing striking employees

As explained in section 2 above, employers operating in Spain retain their freedom to organise their business under Article 38 of the Spanish Constitution, but they may not unlawfully replace employees who exercise their right to strike. The most common situations are set out below.

The following practices are not permitted:

Recruiting external staff or engaging temporary agency workers specifically to replace striking employees.
Assigning other employees -including existing employees, managers or reserve staff- to perform the specific duties left unperformed by striking employees (“internal strike-breaking” or esquirolaje interno).
Exceptionally activating technological resources or automated systems for the specific purpose of replacing the work of striking employees (“technological strike-breaking” or esquirolaje tecnológico), subject to the principles outlined in section 2.
Unilaterally exceeding the percentages or functions established by the competent Spanish authority in a minimum-services order, as this may have the effect of neutralising the strike.

The following is permitted:

Non-striking employees may continue to perform their ordinary duties, provided that they are not assigned exceptional tasks specifically intended to replace striking employees.
Employees may provide minimum services or safety and maintenance services where required, strictly within the limits applicable under Spanish law (see sections 5 and 6 below).

The same underlying test therefore applies: the lawfulness of a particular measure will depend on whether it merely manages the employer’s operations within the ordinary scope of its managerial powers or whether it is intended to neutralise the pressure generated by the strike. In the latter case, the measure may amount to unlawful strike-breaking, irrespective of the particular form that it takes.

5. Safety and maintenance services

Separate from the minimum services applicable to essential services, addressed in section 6 below, an employer may designate, with the involvement of the strike committee where appropriate, those employees who are strictly necessary to protect the safety of persons and facilities, maintain machinery and raw materials and enable the subsequent normal resumption of business activity.

Under Spanish law, this mechanism should not be confused with minimum services. Its purpose is not to maintain production or reduce the economic impact of the strike, but rather to prevent serious damage or risks. Any such designation should be based on objective criteria, be proportionate and be properly documented.

6. Minimum services in essential activities

Essential community services in Spain, including gas, water, electricity, public transport and similar services, may be subject to specific minimum-service orders issued by the competent governmental authority for the relevant sector and territory. Minimum services are therefore not determined unilaterally by the employer.

Given the case-specific nature of these orders, no specific circulars by sector are intended to be issued: this circular is general and practical in nature, and each affected employer should therefore directly review the resolution applicable to its particular activity and territory in Spain.

Once the relevant minimum-services orders have been published, employers whose activities relate to essential services must review their specific terms and apply them on the basis of objective, proportionate and non-discriminatory criteria. The reasoning and proportionality of minimum-service requirements may be subject to review by the Spanish administrative courts. Unless and until an applicable order is annulled, however, it remains binding and the employer may not unilaterally reduce or increase the level of service established by the competent authority.

7. Absence from work on the day of the strike

Where an employee is absent from work without separate justification on the day of the general strike, that absence should be presumed, unless evidence indicates otherwise, to constitute the exercise of the right to strike rather than an ordinary unauthorised absence.

This presumption does not apply where the employee can establish another legitimate reason for the absence, such as temporary incapacity for work, authorised leave, previously approved annual leave or another lawful reason for suspension of the employment relationship. In those circumstances, the absence should be treated in accordance with the rules applicable to that particular situation, independently of the strike.

Outside such circumstances, employers should not automatically initiate disciplinary action merely because the employee has not provided documentary justification for the absence. A lack of documentary evidence does not necessarily mean that the absence lacks a lawful basis, and treating it as such may itself interfere with the fundamental right to strike.

Nor should employees be required to expressly declare that they participated in the strike or disclose their ideological or trade union motivations. Any information collected by the employer should be limited to that strictly necessary for managing the absence, payroll and Spanish Social Security obligations.

8. Effects on the employment contract, salary and Spanish Social Security

Participation in a lawful strike in Spain suspends the employment contract for the relevant period. The employee does not provide services and does not accrue salary for the period of participation in the strike, while the employment relationship itself remains in force. Employees cannot be disciplined merely for lawfully exercising their right to strike.

The employer may make the corresponding proportionate deduction from remuneration for the period not worked. This deduction is not a disciplinary penalty. It may affect basic salary, allowances linked to working time, the proportional part of extraordinary salary payments and weekly rest, as well as other remuneration whose accrual depends on the effective provision of services. Participation in the strike does not reduce annual holiday entitlement or entitle the employer to deduct days from the employee’s annual leave entitlement. No Spanish personal income tax (IRPF) withholding applies to remuneration that is not actually paid.

For Spanish Social Security purposes, an employee who participates in the strike for the whole working day enters the specific status known as alta especial, during which the Social Security contribution obligation is suspended. Employers must report the corresponding period of inactivity to the Spanish General Treasury of Social Security (Tesorería General de la Seguridad Social) through the RED System, in accordance with the applicable deadlines and technical requirements.

If an employee participates in the strike for only part of the working day, the employee remains registered with Spanish Social Security and contributions are calculated on the remuneration corresponding to the time actually worked, even where the resulting contribution base is lower than the ordinary minimum base. As the general strike called for 11 November 2026 is a 24-hour strike, employers will need to distinguish between employees participating for the entire working day and those participating for only part of their working time.