In Portugal, the right to strike is enshrined in the Constitution and is a legitimate tool for worker's struggle. But does someone on strike continue to receive their salary? This is one of the most common doubts, as the answer involves direct implications on the monthly income.

Let's explain, clearly and up-to-date, what happens to the salary during strike days and which rights remain.

Rights of those on strike: What does the law say?

During the strike period, workers are legally excused from attending work and following employer's orders. However, this does not mean they are completely free from obligations or there are no consequences.

According to DECO PROTeste, in Notícias ao Minuto:

During a strike, workers are excused from going to work and obeying employer instructions, maintaining most of their rights and obligations.

That is:

Absences are justified, as long as the strike has been called within the legal rules.

Strike days count towards seniority in the company.

If the worker is receiving benefits from Social Security, such as for illness, work accident or occupational disease, that payment is not affected by the strike.

Does striking in Portugal entitle to salary?

No. The salary is suspended during strike days.

Despite maintaining many labor rights, the worker who joins the strike loses the right to the salary corresponding to the days missed. Portuguese legislation is clear on this point:

"The worker loses the right to remuneration, that is, does not receive the salary for the period in which he/she was absent," emphasized DECO PROTeste.

This means that:

Days on strike are not paid by the employer;

This is considered the main disadvantage for those who choose to go on strike.

It is important to emphasize that this rule applies even when the strike is called by unions or representative organizations and complies with all legal formalities.

Strike: What it is and what are the rules in Portugal?

The right to strike is provided for in Article 57 of the Portuguese Constitution and Law No. 65/77. However, in order to be legal, the strike must respect:

Advance notice to the employer with a minimum of five working days in advance (or 10 days for essential service companies);

Identification of the reason for the strike.

Respect for minimum service rules (e.g. in hospitals or public transportation).

And if you are on sick leave or receiving benefits?

If the worker is receiving sick pay, work accident or professional illness, the payment from Social Security continues. In these cases, the impact of the strike on the monthly income is zero.

Strike is a right, but it brings costs.

The strike is a fundamental right and a legitimate tool of demand. However, it is essential for the worker to be aware of the financial impact, especially in losing wages during the days they participate.

Before joining a strike, consider your budget and contractual situation, and inquire well with the employer or union.

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