The transportation problems expected during the general strike of November 11 can prevent some workers from arriving on time to their jobs, even if they do not want to take part in the strike. In those cases, the key is to prove that the delay or absence is due to an incident beyond their control. The company must distinguish that situation from the individual decision to exercise the right to strike.
The justification for the incident also influences the treatment of the hours not worked. The legal criteria published about this scenario consider different wage consequences, so it is advisable to keep evidence and to report the problem from the first moment.
How to justify that you can’t get to work
The first step is to notify the company as soon as the incident becomes known, preferably by a means that leaves a written record, such as email or a message. The communication must explain the reason for the delay and the estimated time of arrival, if it is known.
If the problem affects public transport, you can request a certificate from the rail company, the metro operator, or the bus consortium. When travel is carried out in a private vehicle, images from official traffic cameras, notices of road closures, and screenshots of the incidents in navigation applications serve as evidence.
Can they deduct the time you didn’t work?
The answer depends on the circumstances and on how the inability to attend is proven. RTVE notes that the company may deduct the proportional part of the salary corresponding to the time of absence, although it cannot impose disciplinary sanctions when the delay is due to a force majeure cause beyond the worker’s control.
The legal analysis of Cuatrecasas on the consequences of access cuts during a strike considers another scenario: when it is proven that a person who does not take part in the strike has been unable to provide their services due to the actions of the striking workers, they maintain the right to receive their salary. The firm notes that it may be agreed to recover all or part of the working day.
Therefore, it is not enough that a delay coincides with a day of strike to determine the effect on the payroll. It is necessary to assess what prevented the travel and whether there is sufficient evidence of that circumstance.
Telework and recovery of the hours
An alternative is to carry out the workday remotely when the functions allow it and there is an agreement with the company. The notice of the general strike does not by itself grant an automatic right to telework.
It is also possible to agree on how to recover the lost time when the activity cannot be carried out from home. The possibility will depend on the circumstances and on the agreement between the parties, so it is advisable to leave the conditions in writing.
The situation is different for someone who decides to voluntarily support the strike: in that case, the suspension of the employment contract applies during the strike period and the corresponding wage deduction, without the company being able to impose reprisals for exercising that right.