The Second Vice President and Minister of Labor, Yolanda Díaz, assures that the Labor and Social Security Inspectorate is already deployed to monitor and guarantee exceptional situations of justified and paid absences from work caused by the effects of DANA. These situations will be legally reinforced after being excluded from the recent package of measures aimed at mitigating the effects of DANA, which in the “zero zone” affects a third of the gross domestic product (GDP) and a quarter of employment in the province . from Valencia.
“We carry out a series of authorizations and justifications for legal absences [al trabajo] unprecedented in our country”explained the head of Labor upon his arrival at a conference organized by CCOO and the SIMA Foundation. “I am once again sending a clear message: workers do not take risks.” We are of course deploying the Labor Inspectorate of Valencia, that of all of Spain, so that these behaviors are not considered,” he emphasizes.
Concretely, the Ministry of Labor wants to avoid health risks, non-essential travel or retaliation from work due to the difficulties caused by the disaster. They will legally protect these situations so that the worker is not forced to go to work if their health is threatened in certain cases. Always, in any case, justified and duly paid absences which will function as non-recoverable leave.
When is this justified absence from work If the company continues its activity and the employee is not in the ERTE (in force with retroactive effect to October 29, the day of the disaster)? These are situations related to safety, but also to cleaning or rescue tasks. The ministry stressed that if the company imposes any negative consequence for not coming to work, it will be considered null and void.
- If a move puts your safety at risk or interferes with rescue and recovery efforts, and your business is incompatible with teleworking.
- If you have to care for missing loved ones or deal with the death of a family member.
- If you have lost your home or belongings and cannot get to your workplace.
- If you have to care for members of your family due to the closure of schools, residences or public services in general.
- If you do not have a connection allowing you to work remotely.
More work measures
The “Mecuida” plan, implemented during the pandemic to relax working hours, will also be deployed in areas affected by DANA to facilitate the reduction of working hours by up to 100% in some cases. “It consists of giving right of conciliation to all people who cannot go to work for exceptional reasons. Rights such as: organization of working hours, reduction of working hours, remote working”, summarize Labor sources.
The Executive works with the social agents of Castile-La Mancha be able to deploy this working shield also in the affected areas of this province, as will be done in Catalonia.
“The labor shield works, we have an obligation, which is to protect all the workers affected, we are going to save all the companies affected, as we have already done and we are going to save all the self-employed workers who are affected by DANA “, commented Díaz.
Companies benefit from a 100% deduction in the payment of contributions if they benefit from ERTE due to force majeure resulting from the disaster, employees benefit from coverage up to 70% of their salary. For their part, the self-employed benefit from a cessation of activity which guarantees them income for a similar percentage (70%) without paying social security contributions.
