Emergency circular regarding the cold air mass (DANA): workplace measures in the event of a civil emergency due to weather conditions.

Dear Customers,

Due to the civil emergency caused by the weather conditions, we are issuing an urgent circular so that you may take the appropriate decisions under employment law.

At present, there are no restrictions imposed by the civil authorities on commercial activity beyond the recommendations and warnings to exercise extreme caution due to torrential rain. However, it is not necessary for the State or the Autonomous Community to adopt regulations or issue emergency provisions in order for certain protocols to be activated or for a series of labour-related measures to be implemented.

So, what you need to know in any case is:

1. ERTE DUE TO FORCE MAJEURE

Companies are authorised to submit applications for Temporary Employment Regulation schemes on the grounds of force majeure, just as was the case during the Covid-19 pandemic.

The activity must be prevented as a direct result of weather conditions. For example: if a workplace is flooded; if the supply chain or business logistics are disrupted; or if staff are unable to access the workplace due to physical or legal restrictions on movement.

An ERTE due to force majeure may be applied for after the cause has been established and will be recognised from the start of the force majeure situation. It enables savings on wages, whilst Social Security contributions must continue to be paid, unless the RED mechanism is activated, which has not yet happened.

The potential savings on Social Security contributions will almost certainly be accompanied by subsequent restrictions (redundancies, dividend payments, etc.). The use of this type of cost-saving measure in relation to Social Security should be assessed with great caution.

2. TEMPORARILY ENABLE REMOTE WORKING

Where roles permit, it is recommended that measures be put in place to restrict non-essential travel. Even if the company does not have a specific protocol, it can draw one up ad hoc for this situation by means of a general email with a limited duration.

3. PAID LEAVE TO BE RECLAIMED FOR ESSENTIAL TIME OFF

Following the example of the COVID-19 measures, it is possible to introduce paid leave that can be made up later. The employee is exempted from the obligation to work, and arrangements are made subsequently regarding how the working time is to be made up. This can be communicated via a general email.

4. – THE WORKER’S RIGHT TO RESISTANCE AND SELF-DEFENCE

If an employee identifies a risk to their physical safety or life whilst carrying out their work or whilst travelling to and from work, they may refrain from working without facing any disciplinary action as a result. It is therefore advisable for the company to take the initiative in identifying the circumstances under which employees may be exempted from coming to work. For example: working from home, paid leave, or temporary lay-off (ERTE FM).

5. OBLIGATION TO ENSURE HEALTH AND SAFETY AT WORK

We would also like to remind you that, by law, employers are obliged to ensure health and safety at work. This includes taking the necessary steps to prevent further harm in situations such as these. We therefore recommend that you take a proactive approach and make the decision that best suits your needs, should the need arise.

If you require any of these measures, please send an email to the following addresses: ramon@auris.legal y patricia@auris.legal. If you have any other queries, please feel free to contact us.

Please look after yourselves.

Employment Law Department at Auris Advocats