DANA: These are the new labor measures in Royal Decree-Law 7/2024

After the battery of measures in Royal Decree-Law 6/2024, the Government has approved Royal Decree-Law 7/2024 with new urgent measures, of a labour and Social Security nature, to promote the Immediate Response, Reconstruction and Relaunching Plan to deal with the damage caused. The text contains a number of new measures, including the following in labour and social security matters:

Health protection

The exceptional situation caused by the DANA and its effects will be understood as a serious and imminent risk for the purposes set out in article 21.2 of the Law on the Prevention of Occupational Risks, giving workers the right to interrupt their activity, leave the workplace and not attend work.

Non-recoverable paid leave

The regulation sets out the cases and conditions in which workers may be absent from work, with the right to remuneration, for any of the following reasons related to the DANA and for the duration of its consequences, in summary: (i) inability to access the workplace or to perform the work, (ii) moving, cleaning or preparation of the usual home, and procedures for obtaining official or public documents, (iii) disappearance of family members, (iv) death of family members (indicating that the duration of the leave provided for in Article 37.3.b bis) of the Workers' Statute will be extended from the causal event to the five working days following the burial) and (v) care duties for family members derived from the DANA.

The rights shall be in the nature of non-recoverable paid leave and the period between the initial causal event, even if it occurred prior to the entry into force of the regulation, and the end of the cause shall be considered as effective working time.

The adoption of any measure unfavourable to the employee arising from the exercise of absence rights shall be considered null and void. Absences from work for the reasons described above shall also be considered justified, as shall any lack of punctuality or interruptions in the working day resulting therefrom.

Extraordinary Plan 'MECUIDA'

The cases and conditions in which workers can access the adaptation of the working day and/or its reduction (which can reach 100 % of the working day) when there are duties of care other than those mentioned in the previous point derived from the circumstances caused by the DANA, limited to the exceptional period foreseen in the regulation, are also included.

Mandatory distance working

Telecommuting shall be the preferred form of work organisation or work performance over other organisational or adjustment measures.

In cases where it is impossible to access the workplace or to perform the work, workers shall be entitled to work remotely when the state of the communication networks so permits, unless this is incompatible with the nature of the work to be performed.

If it is impossible to carry out the activity remotely due to the nature of the job, lack of equipment or lack of coverage or network access, this will give rise to the paid leave mentioned above, relating to the impossibility of accessing the workplace or carrying out the work.

Temporary suspension and reduction plan related to the DANA

Contract suspensions and reductions in working hours directly caused by the damage caused by the DANA, as well as loss of activity indirectly caused by it, including those derived from orders, prohibitions, instructions, recommendations or requirements made by the civil protection authorities, which imply the suspension or cancellation of activities, temporary closure of public premises, restrictions on public transport and, in general, on the mobility of persons, including those that affect the movement of workers to the workplace, or goods or lack of supplies that seriously prevent the continuation of the ordinary development of the activity, shall be considered as arising from a situation of force majeure.

The request for a report from the Labour and Social Security Inspectorate is optional for the labour authority. If it is not requested, the Labour and Social Security Inspectorate will subsequently proceed to verify compliance with the legal requirements and the concurrence of force majeure (in particular in cases of loss of activity indirectly caused by the DANA).

The decision shall take effect from the date of the causal event until the date specified in the decision.

The exemptions provided for in Article 18 of Royal Decree-Law 6/2024 of 5 November shall apply to temporary suspension and reduction plan due to force majeure in the terms set out in paragraphs 2 and 3 of the aforementioned Article 18.

In cases where the company decides to suspend the contract or reduce the working day for economic, technical, organisational and production reasons related to the DANA, the provisions of the forty-sixth additional provision of the revised text of the General Social Security Act (on the social protection of those affected by temporary suspension and reduction plan due to force majeure) shall apply.

Prohibition of dismissal

Companies benefiting from the direct aid provided for in connection with the adverse weather conditions, as well as those benefiting from the temporary suspension and reduction plan measures provided for in Article 44 of the regulation, may not terminate workers for reasons of force majeure or for economic, technical, organisational or production reasons arising from the aforementioned atmospheric phenomenon. Failure to comply with this obligation will lead to the reimbursement of the aid received and the classification of the dismissal as null and void.

In the case of permanent-discontinuous contracts, the above-mentioned causes will also not justify the end of the period of activity or the absence of the call-up.

Interruption of the calculation of the maximum duration of temporary contracts

The suspension of temporary contracts, including training, relief and interim contracts, for the reasons referred to in Article 44 of the regulation, will entail the interruption of the calculation, both of the duration of these contracts and of the reference periods equivalent to the suspended period, in each of these contractual modalities, with respect to the workers affected.

Other provisions:

• Special provisions are made for unemployment benefits and an employment plan for the recruitment of unemployed people through subsidies.
• It recognises the possibility, during a period of six months from the entry into force of the regulation, of exceptionally making effective vested pension plan rights in the event of a series of cases related to the effects of the DANA.
• Moratorium on claims for reimbursement of benefits unduly received in the field of Social Security by the managing bodies.
• Suspension of procedures for the items collection other than social security contributions.
• Article 25.1 of Royal Decree-Law 6/2024 of 5 November is amended, regarding the exceptional consideration as a situation assimilated to an accident at work of Temporary Incapacity processes, indicating that no minimum contribution period is required.
• Exemption from the obligation to be up to date with tax or social security obligations in order to receive aids.