Limits of the right to strike in public services

Abstract

In the context of the right to strike in Spain, its constitutional roots emerge as a fundamental means for safeguarding labor interests, recognized as a subjective, constitutional, fundamental, and inalienable right. However, despite its significance, the current regulation faces notable challenges. The absence of specific legislation for public officials, despite its explicit recognition in the Basic Statute for Public Employees (EBEP), creates a regulatory gap that requires immediate attention. The lack of clear limits and specific conditions for the exercise of the right to strike by public officials adds complexity to the situation. While the EBEP expressly acknowledges this right, the absence of detailed regulations raises questions about crucial aspects such as the procedures for calling and processing strikes, as well as the exceptions and limitations applicable to this group.

The urgency to address this lack of specific legislation is based on the need to ensure an equitable exercise of the right to strike by public officials. Normative clarity regarding limits and conditions will enable a more consistent and fair application of this fundamental right, harmonizing labor dynamics in the public sector with the constitutional principles governing the right to strike. This call for legislative action aims to overcome current complexities and consolidate a robust regulatory framework that ensures the protection of fundamental rights and the effective functioning of essential public services.