The Workers' Statute has been amended, of introducing a paid leave of up to four days in cases where workers cannot access their workplace due to restrictions imposed by the authorities or serious risks. This leave may be extended if the circumstances persist, also allowing the application of ERTE due to force majeure or the option of remote work, provided that the activity allows it, and the conditions set forth in Law 10/2021 are met.
On the recent publication of Royal Decree-Law 8/2024, of November 28 (RDL), which came into force last November 30, 2024, we inform you of a new measure of great relevance in the labor field. This RDL introduces paid leave of up to 4 days for workers who cannot access their workplace due to restrictions imposed by the authorities or serious risks.
New paid leave of up to 4 days
Specifically, this leave has been incorporated into the Workers’ Statute (article 37.3, letter g) and covers the following situations:
- Impossibility of access to the workplace: When it is not possible to go to the place of work due to:
- Restrictions, limitations or prohibitions on movement established by authorities.
- Situations of serious and imminent risk.
- Extension of leave: If the circumstances persist beyond the initial 4 days, it is foreseen the possibility of extending the leave, depending on the evolution of the conditions.
Business alternatives
- ERTE due to force majeure: The company may temporarily suspend the work contract or reduce the working day in accordance with the provisions of Article 47.6 of the Workers’ Statute.
- Remote work: Whenever the activity allows it, teleworking may be implemented, ensuring compliance with the obligations set forth in Law 10/2021, such as the provision of adequate means and tools.
Context and purpose of the measure
This legislative modification responds to the need to manage the labor consequences derived from the Isolated High-Level Depression (DANA) that occurred between October 28 and November 4, 2024, but its application is extensible to any similar situation in the future. The objective is to guarantee the safety of workers and the continuity of business activity in emergency contexts.
Aspects to consider
- Documentation required: Companies must adequately document the circumstances justifying the application of the permit, ERTE or telecommuting.
- Internal planning: It is recommended that companies develop protocols to manage this type of situation, including telework plans and communication with employees.
For further information, please consult with Labor consulting
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