Refinery strike May 27, 2026: minimum services and company obligations

Key data

Hydrocarbon refineries operating in Spain have a clear legal obligation on May 27, 2026: to guarantee the minimum services set by Order TED/511/2026, published on May 26 in the BOE. The strike called in the refining sector covers the entire working day, from 00:00 to 24:00 hours, and fuel supply is classified as an essential service, which activates the mandatory minimum services framework.

This is not a recommendation: it is a legal obligation. Companies that do not guarantee the minimum operational staffing and designated workers who do not report without justification may face disciplinary and legal consequences.

What does this regulation establish?

Order TED/511/2026 sets the minimum services that must be maintained in the hydrocarbon refining sector during the strike on May 27, 2026. Its objective is to balance two conflicting rights: workers' right to strike and the guarantee of fuel supply, considered an essential service for the country's economy and security.

The key elements established by the order are:

• Time scope: from 00:00 hours to 24:00 hours on May 27, 2026, covering the full working day.
• Obligation of refineries: to keep the minimum staffing determined by the order operational to prevent fuel shortages.
• Communication obligation: companies must individually communicate to designated workers their obligation to report to the workplace.
• Consequences of non-compliance: disciplinary and legal liability for both workers who do not report and companies that do not ensure compliance.
• Indirect effects: transporters, distributors, and industrial consumers may be affected depending on the level of effective compliance at each refinery.

Economic and operational impact

The impact of this regulation occurs on two distinct but related levels:

For refineries and sector companies: the main operational risk is the interruption of refining processes that, by their technical nature, cannot be stopped and restarted without significant costs. Maintaining minimum services is not only a legal obligation: it is also a measure to protect the facility itself and business continuity.

For the supply chain: fuel transporters, wholesale distributors, and industrial consumers with continuous supply contracts are most exposed to disruptions if minimum services compliance is poor. Sectors such as road transport, aviation, or the chemical industry may be affected if production levels fall below what is needed to meet demand on that day.

For designated workers: reporting to work when designated to cover minimum services is not optional. Refusing without justified cause can result in disciplinary proceedings and, in serious cases, fair dismissal.

Who does it affect?

• Hydrocarbon refineries: obligated to identify, designate, and communicate to workers who must cover minimum services on May 27.
• Workers in the refining sector: those designated for minimum services have a legal obligation to report to their position during the strike day.
• Works committees and unions: must know the minimum services set to exercise the right to strike within the legal framework.
• Fuel transporters: may see their operations affected if fuel supply from refineries is reduced below normal levels.
• Wholesale fuel distributors: exposed to supply tensions depending on the level of effective compliance at facilities.
• Industrial consumers with continuous supply contracts: sectors such as transport, aviation, or chemical industry must anticipate possible supply limitations on May 27.

Practical example

A refinery with 400 employees on staff receives the strike notice for May 27, 2026. The human resources department must act in two mandatory steps before 00:00 hours on May 27:

1. Identify critical positions that must be covered to maintain the minimum operations set by Order TED/511/2026: process operators, industrial safety technicians, plant control personnel, and other roles essential to prevent shortages.
2. Individually communicate to each designated worker that they are obligated to report to their position during the full day on May 27, leaving documentary evidence of such communication.

If one of the designated workers decides to join the strike without having been excluded from minimum services, the company can initiate disciplinary proceedings. If the refinery does not guarantee minimum staffing and shortages occur, the company may face legal liability before the labor authority.

What should companies do now?

1. Review Order TED/511/2026 to know exactly what minimum staffing must be maintained at each position and shift during May 27, 2026.
2. Formally identify and designate workers who will cover minimum services, prioritizing critical positions in process, safety, and plant control.
3. Communicate individually and in writing to each designated worker their obligation to report to work on May 27, keeping proof of receipt or documentary evidence.
4. Coordinate with the works committee and union representatives to inform them of the minimum services set and avoid interpretive conflicts on strike day.
5. Alert the supply chain: if you are a distributor or transporter, communicate to your industrial customers the possibility of supply disruption on May 27 and activate contingency plans if you have continuous supply contracts.
6. Document the entire process: in case of non-compliance by designated workers, prior documentation is essential to initiate disciplinary actions with legal backing.