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Source: Arrabe Asesores 14 September 2010

General strike on 29 September 2010. Impact of labor and Social Security.

The unions called a general strike against labor reform impact Zapatero's government for 29 September, which will affect every business and functionary activities performed by workers and public employees of companies and institutions established within the geographical scope and Spanish State's legal.

The strike action will take place during the time of day September 29, 2010, beginning at 0 hours and ending at 24 hours of that twenty-ninth day.

However, in those companies that have multiple shifts, the start of the strike was carried out at the first turn, even if you begin before the 0 hour 29, and its completion will take place once the last turn, although prolonged after 2400 hours on the 29th. Also in those companies that have a single shift, but it begins before the 0 hour 29, the strike will begin at the starting time of work activity and end on September 29 at the time that completed it.

The right to strike in accordance with the requirements contained in the RDL 17/1977 has the effect of suspending the contract of employment with exemption from the obligations of work and reward work, and can not result in any penalty or discipline or otherwise.

Employers' obligations to Social Security:

The procedure followed by the employer before the TGSS in a position to strike, is as follows:

  1. Presentation of the nominal of workers whose contract is suspended as a result of exercising the right to strike.
  2. Such a relationship must be made within 5 calendar days, from following the cessation of work, and must contain, for each worker affected, the date of termination of employment, the reasons that motivated him and the number of Social Security affiliation.
  3. Employers are required to notify the date of return in the same manner and time.

Obligations of workers:

  1. There is no obligation to report if you are going to strike or not by the worker in a general strike. The organizers of the strike are those who communicate in this case the employer and the latter to their businesses.
  2. However, having to have a minimum service, it is normal that ask companies to manufacture them.
  3. The organizers are the ones who have to communicate to be on strike if the strike was only in the company, or sector general strike, the employer is to report the employer, the only thing is you have to set a minimum service.

As always, we are at your disposal need for any clarification or consultation.

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