Can I strike without being dismissed?
Yes: striking is a right and you can't be dismissed for exercising it. The right to strike is guaranteed by the Constitution (art. 40). Those who lawfully take part can't be dismissed or sanctioned: dismissal for striking would be unlawful (and, if discriminatory, void). A strike is a collective abstention from work and must be exercised in lawful forms. In essential public services (health, transport, school, energy) special rules apply (Law 146/1990): notice is needed, indispensable services and minimum services must be guaranteed, and there's the Guarantee Commission. During strike hours you don't earn pay (the deduction is proportionate to the abstention), but those hours are not an unjustified absence.
📋 The rules
- Striking is a constitutional right (art. 40)
- Those who lawfully take part can't be dismissed or sanctioned
- Essential public services: notice and indispensable services
- The Guarantee Commission oversees (Law 146/1990)
- During the strike you don't earn pay
🔓 Exceptions
- Essential public services: rules, notice and mandatory minimum services
- Unlawful strikes or not called in the proper forms: without the same protection
- Forms of action harming other rights: can be limited
⚠️ Penalties & fines
Dismissing or sanctioning a worker for joining a lawful strike is an unlawful or void act, which the worker can challenge. In essential public services, however, failure to call the strike properly, lack of notice or breach of minimum services can carry sanctions on those calling the strike and the workers, imposed by the Guarantee Commission. For the worker, the trade-off is that during the strike you're not paid for the hours of abstention. To exercise it with protection, join a properly called strike and respect the essential-services rules.
📎 Official sources
- Normattiva · Constitution (right to strike, art. 40) →
- Normattiva · Law 146/1990 (strikes in essential public services) →
- Commission overseeing the strike law →
❓ Frequently asked
Can I be dismissed for striking?
No, if the strike is lawful. Striking is a constitutional right: joining can't entail dismissal or sanctions. A dismissal for striking would be unlawful and, if discriminatory, void, with the worker able to challenge it.
Do I get paid for strike hours?
No. During strike hours you don't earn pay: the deduction is proportionate to the time abstained from work. In return those hours aren't considered an unjustified absence and can't be sanctioned if the strike is lawful.
Are there rules in essential public services?
Yes. In essential public services (health, transport, school, energy) Law 146/1990 requires notice, the guarantee of indispensable and minimum services, and calling procedures. The Guarantee Commission oversees and can sanction breaches.
Who checks that the strike is proper?
The Commission overseeing the implementation of the law on strikes in essential public services. It checks compliance with the rules (notice, minimum services, intervals between strikes) and can impose sanctions on unions and workers in case of breaches.
Is any form of strike protected?
Striking is widely protected, but must be exercised in lawful forms and, in essential services, respecting the rules. Forms of action that disproportionately harm other rights, or strikes not properly called, may not have the same protection.
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