Considering the nationwide general strike scheduled for Wednesday, November 11, 2026, we provide below details on the legal aspects, the rights of the parties, Social Security obligations, and guidelines that must be followed in managing business operations on that day.
How much advance notice must an employee give if they intend to participate in the strike?
There is no legal obligation for employees to provide individual advance notice.
- No requirement for individual advance notice: The exercise of the fundamental right to strike is a free and voluntary act. Employees are not legally required to notify the company in advance whether they will report to work on November 11, 2026.
- Organizational inquiries: Although the company may ask employees—for informational purposes only—whether they plan to report to work to organize the day’s activities, employees have the full right not to answer or to change their minds right up until the start of the workday.
Rights of employees who exercise their right to participate in the strike
- The employment relationship is suspended on that day: Article 6.1 states that: “The exercise of the right to strike does not terminate the employment relationship, nor may it give rise to any disciplinary action, unless the employee commits a work-related offense during the strike.”
- Immunity from disciplinary action: There is an absolute prohibition on taking disciplinary measures, issuing warnings, or dismissing employees on the grounds of their peaceful participation in a legal strike.
Consequences Regarding Wages and Social Security
For employees who decide not to report to work to participate in the strike, the following rules will apply:
A. Deduction from Pay (Wages)
- During the strike, the employment contract is suspended; therefore, the mutual obligation to work and pay wages ceases.
Items to be deducted:
- The base salary and salary supplements correspond to the day or hours not worked.
- The proportional portion of special payments.
- The proportional portion of the weekly rest day pays for the week in which the strike occurs.
Not subject to deduction: Paid annual leave may not be reduced.
B. Social Security Procedures and Implications
A striking worker will remain in a special registration status with Social Security, with the obligation to pay contributions suspended for both the employer and the worker. A striking worker will not be entitled to unemployment benefits or temporary disability benefits.
Processing the Contribution Exemption: The company must file a declaration of “Special Registration Due to Strike (Inactivity)” with the General Treasury of Social Security (TGSS) for workers who participated in the strike, through the corresponding entry in the RED system, which exempts the company from making contributions for that workday.
Obligations and Prohibitions for Companies
To avoid administrative liability or lawsuits for violating fundamental rights (Art. 28.2 of the Spanish Constitution), companies must take the following prohibitions into account:
- During the strike, the company may not hire new workers or use temporary staffing agencies (ETT) to replace employees participating in the strike.
- Management may not reassign duties or transfer non-striking workers (functional or geographic reassignment) to cover the tasks left undone by striking staff.
- Minimum Services: These apply only to companies that provide essential services to the community and are mandated by an order approved by the competent government authority, not by the company itself.
Practical Summary of Actions for November 11, 2026
- Record employee attendance without requiring prior statements.
- Notify this consulting firm of the exact list of employees who participated in the strike (indicating whether it was a full or partial workday) to process the Special Registration in the RED System within the regulatory deadlines.
- Payroll: Apply the proportional salary deduction in accordance with the criteria outlined.
For more information, please contact our Labor Consulting Department.
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