Supporting the general strike of November 11 will have a direct effect on the payroll of the workers who decide not to report to their workplace. The company may deduct the corresponding compensation for the time not worked, but the amount does not have to be limited to the salary for that day: it can also include certain amounts linked to weekly rest and the extra payments.
The calculation does not respond to a single formula established by law. The case law of the Supreme Court has set out the concepts that may be deducted and the limits of the deduction, while the specific method depends on the distribution of the working hours and on the salary structure of each worker.
The deduction includes the salary corresponding to the day or hours not worked and the proportional part of the compensation for weekly rest generated during the strike period. It can also affect the extraordinary gratifications and the profit-sharing payments, in accordance with their accrual period.
The Supreme Court Ruling of March 13, 2001 sets out this doctrine and specifies that public holidays can only be affected when they are included within the strike period. The company also cannot reduce vacation days or their compensation for taking part in the strike.
How to calculate how much money they deduct from you
For a regular workday, the calculation starts from the salary corresponding to the day not worked. If the ordinary monthly compensation is 1,500 euros, for example, the daily amount for that concept would be 50 euros, by dividing it by 30. To that amount, when applicable, must be added the proportional concepts recognized by case law, such as weekly rest and the extra payments.
In a workday distributed in an irregular manner, the calculation must be carried out by hours so that the deduction matches the time of work that should have been performed. The National Audience and various higher courts have applied methods that start from the annual salary, deduct the vacation periods, public holidays and rest periods that do not correspond to the strike, and divide the result by the effective working hours of the year.
Therefore, an identical amount cannot be set for all workers who support the call. The collective agreement, the annual workday, the supplements, and the payment system for gratifications can modify the result.
When the extra payments are deducted
If the extra payments are paid at specific times during the year, the company cannot, in the ordinary payroll, anticipate the corresponding reduction for a bonus that has not yet been paid. The proportional portion generated during the strike is deducted when the time comes to pay that bonus.
When the bonuses are prorated across the twelve payrolls, the proportional reduction can be reflected in the corresponding monthly payslip. The company must prevent the same concept from being deducted twice.
What happens with contributions to Social Security
Article 6.3 of Royal Decree-law 17/1977 establishes that workers who take part in a legal strike remain in a special high status, with the obligation to contribute being suspended for both the company and the employee during the period of stoppage.
In full-day strikes, that day does not generate contributions. If the stoppage affects only a few hours, the worker remains in ordinary high status and the contributions are adjusted to the remuneration actually received during that workday.
Social Security contemplates the possibility of subscribing to a special agreement to complete certain contribution bases during periods of legal strike. The procedure must be requested within 90 days following the end of the stoppage and allows coverage of contingencies such as retirement or permanent incapacity.