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What it is

Proposal to remove criminal penalties for coercing others to strike

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 17 June 2014. Introduced by: Grupo Parlamentario Mixto.

Official title: Organic private member's bill to repeal Article 315.3 of Organic Law 10/1995, of November 23, on the Penal Code.

Follow this law

Source: Congreso de los Diputados, file 122/000164· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would remove paragraph 3 of Article 315 of the Criminal Code, which criminally punishes coercion to incite a strike.
  2. According to the text, that punishment dates from a 1976 reform, before the Constitution and the 1977 Trade Union Association Law, and it is applied harshly against union activists while the paragraphs protecting union freedom and the right to strike are almost never used.
  3. Rules of equal or lower rank that conflict with this law would also be repealed.
  4. If passed, the law would take effect on the day it is published in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Workers and unions: They could no longer face criminal convictions for coercion to incite a strike, if the bill passes.
  • Union and social activists: The text says they are the main recipients of these convictions today.
  • Employers: The text criticizes that anti-union conduct is rarely punished, but the bill does not change that part.

Words worth knowing

Derogación (repeal)
Ending the legal effect of a rule or part of it.
Coacciones (coercion)
Forcing someone to do something through force or pressure.
Proposición de ley (bill)
A text introduced by members of Congress to become a law; it is not an approved law yet.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced17 June 2014Someone registers the text in the Congreso.
  2. Admitted24 June 2014The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Jun 2014Sept 2014Dec 2014Mar 2015Jun 2015Sept 201511. 17 June 2014: Presentación22. 24 June 2014: Boletín Oficial de las Cortes Generales Publicación desde 24/06/2014 hasta 27/06/201433. 24 June 2014: Calificación44. 27 June 2014: Gobierno Contestación desde 27/06/2014 hasta 03/10/201455. 3 October 2014: Pleno Toma en consideración desde 03/10/2014 hasta 27/10/201566. 27 October 2015: Concluido - (Caducado) desde 27/10/2015 hasta 20/11/2015

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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