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What it is

Bill proposes removing the crime of coercion to promote strikes

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 8 February 2016. Introduced by: Grupo Parlamentario Podemos-En Comú Podem-En Marea.

Official title: Private member's bill, Organic Law amending Organic Law 10/1995, of November 23, of the Penal Code.

Follow this law

Source: Congreso de los Diputados, file 122/000009· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would remove the current section 3 of Article 315 of the Penal Code, which punishes with prison or a fine those who coerce others to start or continue a strike. Instead, only preventing or limiting union freedom or the right to strike through deceit, abuse of need, force, violence or intimidation would be punished.
  2. A new transitional provision would dismiss ongoing cases for the removed crime, and convictions already handed down would be reviewed within a maximum of 15 days and annulled.
  3. A new final provision would free anyone serving prison time for this crime, cancel their criminal record and compensate them. Paid fines would be refunded with legal interest.
  4. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Workers and union members prosecuted or convicted under the current strike coercion crime: Their cases would be dismissed, their convictions annulled and, if in prison, they would be compensated.
  • Striking workers and informational pickets: They would no longer face prison sentences for coercion when promoting or spreading a strike.
  • Labor unions: Criminal pressure on those who organize and publicize strikes would be reduced.
  • People who block union freedom or the right to strike through deceit, violence or intimidation: They would still be punished, with prison sentences of six months to three years and a fine.

Words worth knowing

Piquete informativo
A group of people who inform workers at the workplace entrance that there is a strike and encourage them to join it.
Libertad sindical (union freedom)
The fundamental right to form and take part in labor unions without interference.
Sobreseer
To close a court case without a trial or conviction.
Proposición de Ley Orgánica
A bill submitted to the Congress of Deputies to amend an organic law; it is not yet approved.

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. Introduced8 February 2016Someone registers the text in the Congreso.
  2. Admitted16 February 2016The 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
Feb 2016Mar 2016Apr 201611. 8 February 2016: Presentación22. 16 February 2016: Boletín Oficial de las Cortes Generales Publicación desde 16/02/2016 hasta 19/02/201633. 16 February 2016: Calificación44. 19 February 2016: Gobierno Contestación desde 19/02/2016 hasta 30/03/201655. 30 March 2016: Pleno Toma en consideración desde 30/03/2016 hasta 03/05/201666. 3 May 2016: Concluido - (Caducado) desde 03/05/2016 hasta 20/05/2016

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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