This right to strike is recognized in article 28.2 of the Spanish Constitution , which establishes that " the right of workers to strike in order to defend their interests is recognized ."
Despite its legal recognition, this right is not exempt from limitations. These restrictions bc data vietnam can be established to protect other fundamental rights, such as the right to work, the right to freedom of movement or the right to public safety. Thus, the exercise of the right to strike must be carried out within certain limits and in a peaceful manner, avoiding any type of violence or intimidation.
It should be noted that in practice, this right is not always respected by employers; sometimes the right to strike is denied to workers. In this case, the conflict focuses on the interpretation of whether employees have the right to strike if their activity is paralyzed for reasons beyond the company's control, such as a transport strike that makes it impossible for workers to travel. In these cases, it is important to have the advice and representation of professionals who are experts in the subject, such as those who have been awarded the Business Lawyers Awards , such as Pellicer Abogados .
the right to strike remains an important tool for defending labour rights and improving working conditions. This right has an instrumental character , as it allows collective bargaining and the search for consensual solutions to labour disputes. Furthermore, thanks to the strike, workers can exercise their right to freedom of association and organise themselves to fight against job insecurity and exploitation.
Legal regime of the right to strike
As we have indicated above, this right is regulated by the Constitution, specifically in its article 28 , but it is also developed in the Organic Law on Trade Union Freedom and the Workers' Statute, which establish the requirements for the exercise of the right to strike, such as the need to call it in advance, respect minimum services and not exercise acts of violence or coercion.
We must mention the specific case of professionals in the Administration of Justice, specifically the Clerks of the Court (who have been on strike for a few months now). In this case, the right of the clerks to strike as a pressure measure for the improvement of their working conditions is defended, but it is recalled that, in any case, the right of citizens to effective judicial protection must be respected and the maintenance of minimum services must be guaranteed.
Lawyers' right to strike
In the specific case of lawyers, they have the right to strike like any other worker. The problem is that this is an activity that is usually carried out autonomously, that is, on their own account.
So we have to ask ourselves: do self-employed workers have the right to strike? In principle, self-employed workers do not have the right to strike, since this right is only recognized for employees. However, some courts have recognized the right to strike for self-employed workers who are part of organized groups, such as taxi drivers, as long as they meet certain legal requirements.
Self-employed workers do have the right to demonstrate and protest peacefully in defence of their interests and rights, as long as they do not affect the rights of third parties and do not commit acts of violence or coercion. In addition, self-employed workers can also organise themselves into associations or unions to defend their interests and deal with situations of conflict with public administrations or other companies.
On the other hand, those dependent lawyers who work for a company within its organizational and management scope, which is neither more nor less than a common employment relationship, and therefore have the right to strike. The problem in this sector is the atomization of the sector and the lack of unionization that make it difficult to call a strike , that is, the lack of a solid and unified organizational structure.
And finally, special mention must be made of legal aid lawyers , who, as we have already said, have the right to strike , just like any other worker . However, since legal aid lawyers have the responsibility of defending the rights of people who cannot afford to hire a lawyer, they must comply with the minimum services established to guarantee access to justice for those who need it.
