The Ministry of Labor is preparing a regulation with a set of measures that strengthen the protection of workers before Dana, to avoid risks to their health and retaliation at work in the face of difficulties due to the disaster, explain sources in the department led by the vice -president. Yolanda. “This will have retroactive effects”, they guarantee, to send the urgent message to citizens that from now on no one puts themselves in danger because of their work.
Union sources emphasize that the legal strengthening will be approved soon, without specifying when, with measures such as “paid leave” in certain situations in which employees cannot go to their workplace or work remotely via Dana, as well as the right to telework if people have the means to do so and would put themselves in danger by going to their workplace or would thus make rescue efforts difficult.
It must be remembered that there already exists labor regulations by which business activity must be paralyzed in the event that it presents an inevitable risk to the health of workers, which was reinforced last year by a decree intended to “any risk linked to adverse effects”. weather phenomena”, such as high temperatures. The Ministry of Labor also reminds companies that they can resort to ERTE, in cases of force majeure, to suspend their workers due to the disaster.
Furthermore, the Workers’ Statute provides that “if the risk of accident is imminent”, the cessation of activities may be agreed by the workers’ representatives, by a majority of their members.
In addition to the already existing regulations, the Ministry of Labor is preparing reinforced regulations, specifically adapted to this Dana, they tell elDiario.es, with the aim of guaranteeing staff that they will have the right not to go to their workplace without retaliation. for that.
The Second Vice President and Minister of Labor, Yolanda Díaz, shared a message on X (former Twitter) in which she advances some of the measures expected to be approved.
Who is “exempt from going to work”
“Those who are unable to work should not go to work,” says Yolanda Díaz. The Minister of Labor explains that “people who find themselves in the following situations are exempt from going to work”:
“A) When travel 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 must take care of the tasks of searching for their missing loved ones or caring for their death.
C) When, following the loss of their housing or their property, they cannot go to work.
D) Likewise, teleworking will not be considered for people who cannot do so due to lack of devices or coverage.
“In these cases, all workers can take time off and take paid leave. The Ministry of Labor will ensure that no worker suffers retaliation or is harmed,” said Vice President Díaz.
