The Ministry of Labor insists on a message this first Monday after the shock of the DANA catastrophe: “If your safety is in danger, do not go to work.” The department headed by Vice President Yolanda Díaz is preparing a rule with a package of labor measures in the face of the emergency, as well as aid to the self-employed by Social Security. From the first hour, Labor is reiterating four reasons that justify those affected by DANA for their absence from the workplace.
Yolanda Díaz’s department explains that the main objective is to “avoid displacement”, both due to the possible danger for those affected, and in case these make cleaning and care tasks due to the catastrophe difficult.
Thus, “remote work will be the preferred form of organization,” a priority right to teleworking that the Ministry will regulate imminently and that Labor sources explained to elDiario.es this weekend will have “retroactive effects.”
The four “excused absences”
However, teleworking is not always an option. “If it is not possible, you are exempt from going to work,” they maintain in the Ministry, which is disseminating the following four “justified absences” of people affected by DANA.
1) When the displacement may pose a danger to the safety and health of workers or interfere with rescue and recovery efforts in the affected areas, as long as teleworking is not possible.
2) When workers need to care for their missing relatives or take care of their death.
3) When, as a result of the loss of their homes or belongings, they are not able to go to work.
4) When, as a result of the closure of schools, residences or public services in general, they must face family care needs.
“Firing will be prohibited”
The Ministry of Labor is insisting on a second message: “The dismissal of people who have not come to work due to any of the indicated situations will be prohibited.”
As already happened during the COVID pandemic, Yolanda Díaz’s team leans toward the idea of “no firing.” That is, to reinforce the regulation against possible retaliation against affected workers who do not go to their jobs due to the emergency.
“Any unfavorable consequence for the exercise of the rights of absence will be null,” they maintain in Labor. Although the Ministry does not detail when the measure will be approved, they reiterate that it will have retroactive effects to cover workers now.
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