Private security companies must maintain 80% to 90% staffing during strike

The Secretary of State for Security has issued a Resolution on October 30, 2026 (BOE-A-2026-23157), determining the mandatory percentages of private security personnel that must remain on duty during the supra-regional general strike scheduled for November 11, 2026. This measure aims to balance the fundamental right to strike with the necessity of maintaining essential services for the community, particularly regarding the protection of critical infrastructure and public safety.

What changes

The Resolution establishes specific minimum service levels that private security companies must uphold to ensure the continuity of essential activities. According to the legal framework provided in the document, the following thresholds are mandatory for the strike day of November 11, 2026:

• Critical Infrastructure and Public Transport: For services provided in airports, ports, railways, metro stations, bus stations, and telecommunications centers, the minimum staffing level must not be lower than 90% (as per art. 4 and the reasoning in section 4 of the Resolution). This includes the operation of CCTV control centers, which are deemed vital for the coordination of emergency services and the management of strategic infrastructure.
• Social Media and Communication Centers: To ensure the free flow of information and the functioning of the democratic system, security services at the headquarters and centers of social media must maintain a minimum of 80% of their personnel (art. 2.1.h).
• Mandatory Services in Specific Facilities: For security surveillance services developed in facilities where the service has been imposed by law or regulation, the minimum level is set at 80% (art. 2.1.e).
• Personal Security Services: Due to the high risk to public safety posed by the absence of protection, services involving the protection, accompaniment, and defense of specific individuals are subject to mandatory provision to avoid elevated risks (art. 2.2).

Context

This Resolution is not an isolated administrative act but is grounded in a robust legal framework designed to protect the stability of the Spanish State. It operates under the principle that while the right to strike is a fundamental right, it is subject to the limitations established in Article 28.2 of the Spanish Constitution, which requires the maintenance of essential services for the community.

The legal basis for these measures includes:

• Law 5/2014 on Private Security (LSP): Which defines private security as a complementary and subordinate activity to public security (art. 1).
• Royal Decree 524/2002: Which regulates the guarantee of essential services in the private security sector during strikes.
• Law 8/2011 on the Protection of Critical Infrastructures: This law identifies twelve strategic sectors (including energy, water, health, and transport) whose failure could cause cascading effects on national security.

The Resolution follows European guidelines, specifically Directive (UE) 2022/2557, regarding the resilience of critical entities. By setting these percentages, the Secretary of State for Security ensures that the strike does not compromise the physical or cyber security of the nation's most vital assets.

Who is affected and how

The impact of this Resolution varies depending on the nature of the security contract and the sector in which the company operates:

• Large Companies and Strategic Contractors: Large security firms holding contracts for airports, ports, or energy infrastructure are the most heavily impacted. They must ensure that 90% of their assigned personnel in these sectors are operational on November 11, 2026, to comply with the requirements for critical infrastructure (art. 4).
• SMEs (Small and Medium Enterprises): SMEs providing security services to media organizations or specific regulated facilities must adjust their rosters to guarantee at least 80% of their staff are present (art. 2.1.h and art. 2.1.e).
• Self-employed Professionals (Autónomos): Individual security professionals providing personal protection services (bodyguards or escort services) are directly affected by the obligation to provide services to prevent high risks to public safety, as outlined in art. 2.2.

What to do and when

The obligations set forth in this Resolution are specific to the date of the strike. Companies and professionals must take the following actions:

• Staffing Audit: Review all active contracts for November 11, 2026, to identify if they fall under the "critical infrastructure" (90% requirement) or "media/regulated facility" (80% requirement) categories.
• Roster Adjustment: Ensure that duty rosters for the day of November 11, 2026, meet the minimum percentages required by the Resolution to avoid legal repercussions for failing to provide essential services.
• Compliance Verification: Document the staffing levels to demonstrate compliance with the Secretary of State for Security's mandates in the event of an inspection.

Failure to comply with these minimum service levels may result in administrative sanctions under the existing legal framework for private security. We recommend that companies evaluate their specific contractual obligations and staffing capacity with the legal department at BMC to ensure full compliance with this Resolution.