The Ministry of Labor is preparing a rule with a package of measures that reinforce the protection of workers before Dana, to avoid risks to their health and labor reprisals in the face of difficulties due to the catastrophe, explain sources from the department headed by Vice President Yolanda. Diaz. “It will have retroactive effects,” they guarantee, to send the urgent message to citizens that no one puts themselves at risk because of their work from now on.
Labor sources point out that the legal reinforcement will be approved shortly, without specifying when, with measures such as “paid leave” in certain situations in which employees cannot go to their workplace or work remotely through Dana, as well as the right to telework if people have the means to do so and would put themselves at risk by going to their workplace or would thereby make rescue efforts difficult.
It must be remembered that there is already labor regulation by which the activity of companies must be paralyzed in the event that it poses an unavoidable risk to the health of workers, which was reinforced last year with a decree designed for “any risk related with adverse meteorological phenomena”, such as high temperatures. The Ministry of Labor is also reminding companies that they can use ERTE due to force majeure, to suspend their workers due to the catastrophe.
Furthermore, the Workers’ Statute contemplates that “if the risk of accident is imminent”, the cessation of activities can be agreed upon by the workers’ representatives, by a majority of its members.
Along with the already existing regulations, the Ministry of Labor is preparing a reinforced regulation, specifically adapted to this Dana, they tell elDiario.es, with the intention of guaranteeing staff that they will have the right not to go to their workplace. without retaliation for it.
The second vice president and Minister of Labor, Yolanda Díaz, has shared a message on X (former Twitter) in which she advances some of the measures that are planned to be approved.
Who is “exempted from going to work”
“Those who are not able to work should not go to their jobs,” says Yolanda Díaz. The Minister of Labor explains that “those people who are in the following situations are exempt from going to work”:
“A) When the displacement may pose a danger to the safety and health of workers or interfere with rescue and recovery efforts in areas affected by DANA.
B) When workers need to attend to the search tasks for their missing relatives or take charge of their death.
C) When, as a result of the loss of their homes or belongings, they are not able to go to work.
D) Likewise, teleworking will not be contemplated for those people who cannot do so due to lack of devices or coverage for it.”
“In these cases, all workers may be absent and take paid leave. The Ministry of Labor will ensure that no worker suffers retaliation or is harmed,” says Vice President Díaz.
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