The Ministry of Labor presents this Thursday to the Council of Ministers a new “climate permit” for up to four days due to the impossibility of going to the workplace in the event of a disaster. Paid leave which will be extended until the circumstances disappear. In case more days were neededcompanies could provide proof of a Temporary Work Regulation File (ERTE) due to force majeure.
This is a legislative modification of the permits provided for in the Workers’ Statute that the department of Yolanda Díaz deployed after the experience of DANAwhich devastated Valencia a month ago. The second vice-president of the government herself affirmed in statements to TVE that this meant “regulate according to the climate emergency” for the first time in Spanish labor legislation, with “a series of rules so that they remain and become part of our legal system”.
“In these times when the right denies the climate emergency, This is proof that the climate emergency exists“, underlined the head of Labor, who alluded to the consequences of climate change on outdoor work in summer and to the tragedy that occurred in Valencia a few weeks ago.
“We are going to give certainty to businesses and workers, we are going to develop climate permits which will last four days” explained Díaz, who stated that “no worker should take any risk“. From these four days, he specified, companies will be able to place these workers in an ERTE due to force majeure. “For the first time in Spain, like the Canadian model, we are going to have real climate permits,” he famously said.
In the event of an alert from any administration
According to Díaz, workers will be able to take advantage of these climate permits. when an authority, “regardless”, indicates that there is a risk while traveling “or not being able to go to work”. After the first four days of leave, “fully paid, with their contributions”, two possibilities are available to them: companies will be able to continue to contribute to the payment of the leave or integrate the workers into an ERTE.
“If an emergency authority, from a Town Hall, from an autonomous community, from the State Government, indicates that there is a risk. If the alarms go off, you can’t work on them. and workers will have all their rights covered”, insisted Díaz. The great novelty, he stressed, is that this “will be part of the legislation and in case of non-compliance, workers will be protected”.
Risk prevention in the face of climate change
This “climate permit” is one of the regulatory proposals regarding work and the prevention of occupational risks linked to climate change and natural disasters developed by Work, which also include the fact that workers right to be informed actions planned for the activation of disaster alerts. To this end, the information rights of workers, included in article 64 of the Statute, are modified.
On the other hand, it will be OBLIGATORY for collective agreements negotiate action protocols which include measures to prevent occupational risks in the face of disasters and adverse weather phenomena. Faced with a serious and imminent risk, The company will be required to inform risks and measures as early as possible and to adopt measures and give instructions to stop the activitywhich will be suspended until the danger disappears.
As Díaz explained on ‘TVE’, companies will have a 12 month period to develop these climate protocols.
On the other hand, Work creates a new “green on the right” by which the legal representatives of workers or the prevention delegates can agree on the cessation of activity. According to the ministry, workers will not suffer any harm following the adoption of these measures and it is one year to approve a regulation by decree relating to the protection of workers against the effects of climate change in the workplace.
