DANA: Paid leave for adverse weather events and other labour measures approved

The Spanish Government has approved by means of Royal Decree-Law 8/2024, published in the Official State Gazette of 29 November, the third package of measures to deal with the effects of the DANA at the end of last October. Among other areas, it introduces changes in labour, social security and procedural matters.

The main labour measures provided for in Royal Decree-Law 8/2024 are as follows:

a. Paid leave due to adverse meteorological phenomena

A new paid leave of up to four days is created due to the impossibility of accessing the workplace or travelling on the roads necessary to get there, as a result of the recommendations, limitations or prohibitions on travel established by the competent authorities, as well as when there is a situation of serious and imminent risk, including those resulting from a catastrophe or adverse meteorological phenomenon. Once the four days have elapsed, the leave shall be extended until the circumstances that justified it have disappeared, without prejudice to the company's possibility of applying a suspension of the work contract or a reduction in the working day due to force majeure under the terms provided for in Article 47.6 of the Workers' Statute.

When the nature of the work is compatible with remote work and the state of the communication networks allows for its development, the company may establish it, observing the rest of the obligations of the Remote Work Act, and, in particular, the provision of suitable means, equipment and tools.

b. Extension of the definition of force majeure in the procedures for the reduction of working hours or suspension of the contract for this reason

The definition of force majeure for the purposes of procedures for the reduction of working hours or suspension of the contract is extended, indicating that force majeure shall be determined by the maintenance, after the four days of paid leave due to adverse weather conditions, of the impossibility of accessing the work center or the means of transport necessary to reach it, unless remote work is possible.

Such circumstances shall not constitute force majeure during the period of paid leave. During paid leave, force majeure may only be justified on the basis of other circumstances, in which case the effects shall be retroactive to the time of the relevant causal event.

c. New right to information for workers' legal representation

With the appropriate frequency, the workers' legal representatives shall have the right to be informed by the company of the measures of action planned for the activation of alerts due to catastrophes and other adverse meteorological phenomena, without prejudice to the rights to information, consultation and participation provided for in the Law on the Prevention of Occupational Risks. All of the above for the purposes of adopting the respective measures and decisions, including, among others, the interruption of activity and, if necessary, the immediate abandonment of the workplace.

d. Protocols for dealing with disasters and other adverse weather events

It is stipulated that, through collective bargaining, action protocols will be negotiated that include risk prevention measures specifically referring to action in the event of disasters and other adverse weather phenomena.

e. Regulation on the protection of workers from the effects of climate change in the workplace

Within 12 months, the government will adopt a regulation on the protection of workers from the effects of climate change in the workplace.

f. Prohibition of dismissal

It is clarified that the obligation to reimburse for breach of the prohibition on dismissal will only apply in respect of exemptions applied to the worker affected by the breach.

g. Extension of temporary incapacity assimilated to an accident at work

Temporary incapacity for work-related accidents is extended from 28 November 2024 to 31 December of the same year.