Spain: illegal workers have the right to strike

The Constitutional court gave illegal immigrants working in Spain the right to strike. It declared that the provision of the law on foreigners, which only grants the right to assemble and to strike to immigrants "who are allowed to work", is unconstitutional. (Ref. 080008)
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It is after an appeal from the autonomous Andalusia Community that the Supreme Court ruled, on December 27, 2007, that the right to strike is a fundamental right workers get to “defend their interests”, among which can be found “the regularity of their administrative situation, even if it is illegal”. This judgement is the second part of a decision from the same court, rendered on November 8, 2007, which gives non-resident foreigners the free exercise of their rights of reunion, assembly and un

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