We comply with the road of writing articles in regards to the information in order that our readers have a better information and thus can type their very own opinion. At the moment we analyze the controversy that arose on the event of the legal trial in opposition to eight Airbus staff that on December 29, 2010 they staged a picket on the door of the Getafe plant. The query arises Can a employee go to jail for collaborating in a strike?

Employees are given the Article 315 part Three of Natural Legislation 1/2015 amending Natural Legislation 10/1995 (that’s, the Penal Code), modifying article 315, part 3, stating that: “Those that, appearing in a bunch or individually, however in settlement with others, coerce different folks to begin or proceed a strike, can be punished with a jail sentence of 1 12 months and 9 months as much as three years or with a penalty of eighteen months to twenty-four months”.

In the end it’s about an aggravated type of the crime of coercion the place can we declare that the penalties are removed from low (even disproportionate for instance in comparison with socio-economic crimes) and maybe the largest controversy on the authorized degree is about its interpretation is whether or not it’s sufficient that it was a preconceived motion or if violent or coercive acts are obligatory.

The talk on this text has been current on many events, the final time that the controversy was intense was in October 2015 when the PSOE offered a proposal to repeal article 315 part Three of the Penal Code that was debated within the Justice Fee of the Congress of Deputies.

The Authorities permitted this text with a view to assure the appropriate of staff who want to work and all of the individuals who have labored in giant firms know that typically some union delegates commit abuses and so on … and it was printed with the intention of solely making use of the rule to circumstances of manifest gravity. In reality, probably the most vindictive events within the Airbus case acknowledge to some extent that it was utilized with “frequent sense.”

The federal government writes this text to guard the appropriate of staff to work, however what proper does it restrict? Effectively limits the appropriate to strike. This proper “isn’t any small factor”, It’s a basic proper included in title I, chapter II of the Structure in article 28, paragraph 2., wherein it signifies that staff may have the appropriate to strike in “Protection of their pursuits” due to this fact it should be developed by natural legislation, it has the particular safety of the Constitutional Courtroom….

The detractors of 315 paragraph Three level out that this text is another that reveals a bent to the fixed dismantling of freedoms. To a sure extent they are often proper, and much more so in a proper so emblematic for the working class and democrats basically, indisputably the appropriate to strike is likely one of the rights that may be most recognized with the folks. This proper is likely one of the nice conquests of the “folks”, the truth is it was one of many first rights to be regulated after the autumn of the Franco regime because it was regulated earlier than the Structure with Royal Decree 17/1977.

Relating to the preliminary query Can a employee go to jail for collaborating in a strike? The reply is unfavourable. The precise to strike is a basic proper that can’t be arbitrarily restricted, however it’s attainable to have legal duty “If appearing in a bunch or individually, however in settlement with others, they coerce different folks to begin or proceed a strike.”

In precept, it doesn’t appear an illogical norm, however we do think about {that a} norm that regulates a basic proper contained within the structure and in our agreements signed with the ILO (Worldwide Labor Group) It needs to be a rule agreed between the vast majority of political events (such because the regulation of any basic proper) And, as all the time, we hope that the Judiciary will apply this rule solely to extraordinarily severe circumstances and make an interpretation to justly weigh the basic proper to strike and the appropriate to work.


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