The Constitutional Court establishes a violation of the right to strike if a company expands minimum services to reduce the impact of the strike
The Constitutional Court of Spain ruled that a company's actions to increase its service capacity during a strike violated workers' fundamental rights.
In a recent ruling, the Constitutional Court of Spain found that a transport company violated the fundamental right to strike by significantly increasing the minimum services during a labor strike. This decision came after an appeal by the Independent Workers' Transport Union against a previous ruling by the High Court of Justice of Andalusia. The ruling highlighted that the company's decision to double its train capacity issued during the strike effectively undermined the workers' right to halt operations as a form of protest.
The strike, initiated by the company committee of Metro de Sevilla, was scheduled for every Thursday starting on November 29, 2018. The court stated that the company's actions constituted organizational strike-breaking, as it deployed double trains instead of the single ones that were initially planned and publicly announced. This measure was interpreted as an attempt to minimize the strike's impact on public transport, violating the legal standards governing labor strikes and minimum service agreements.
The implications of this ruling are far-reaching, reinforcing the protection of workers' rights to strike while highlighting the legal boundaries of employers during such actions. It sends a clear message to businesses about the necessity of adhering to established legal frameworks concerning strike actions and the fundamental rights of employees, establishing a precedent for future labor disputes in Spain.