News
In light of the general strike scheduled for 11 December, which has already seen participation from several sectors — from healthcare and education to banking, insurance, commerce, technology, and local administration — it is important to clarify what the law says about the rights and duties of workers and employers.
In an article for Human Resources, Margarida Pisco, Associate in the Labour practice at CCA Law Firm, explains who may take part in the general strike, recalling that “any worker may participate in a general strike, regardless of the sector of activity or whether they are unionised”, since the right to strike is constitutional and applies across the board to all workers, in both the public and private sectors.
The lawyer also clarifies that workers are not required to inform their employer in advance of their participation, and that any attempt to exert pressure on or replace striking workers during the period of stoppage is likewise prohibited.
As for the consequences, Margarida Pisco underlines that a strike entails the suspension of the employment contract, with the loss of remuneration corresponding to the days on which there is no effective provision of work, without prejudice to length of service. She also highlights that absence due to participation in a strike does not require formal justification and that any discrimination or retaliation constitutes a very serious administrative offence.
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- Human Resources