Just a month ago, the “cold drop” which caused violent, deadly floods in Valencia and its surroundings surprised many workers at work or on their way to work.
Floods in Spain: the sea throws up the corpses swallowed up by the storm, the identification of the bodies is complex
Up to 4 days without loss of income or risk of sanction
Adopted Thursday (November 28) in the Council of Ministers, the measure came into force this Friday. It specifies that employees have the right not to come to their workstation, or to leave it if their travel or the nature of their activity exposes them to weather risks announced by a public authority. This includes the regional authorities, responsible for managing natural disasters, but also the National Weather Agency (AEMT). This leave may be extended for up to four days. Without any loss of income, or possibility of sanction by the employer. The text also provides that the employee has the right to be informed by his company of the existence of an alert, the procedure to follow in the company and his rights as quickly as possible.
A month after the dramatic floods which left at least 222 dead and 4 missing in the country, the vast majority of them in Valencia, on the south-east coast, Spain is seeking to fill the glaring gaps that appeared in its preparation for such events. Shortcomings largely responsible for this heavy human toll.
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Despite the red alerts issued by AEMET in the morning, many workers had in fact taken their jobs normally. Managed by regional authorities, direct alerts to the population via messages on their mobile phones only arrived far too late, at past 8 p.m., when the floods had already started to break loose. Many victims were caught off guard while traveling to work or returning home. Some photos and videos also show people trapped in shopping centers or supermarkets. The “Workers’ Commissions” union denounced the pressure from certain companies on their employees to stay or to come, despite warnings from AEMET.
“From the moment an authority [publique]whatever it may be, indicates that there is a risk in traveling, the worker must refrain from traveling. The editorial staff [du texte offre une définition] wide, to be certain [que le travailleur] enjoy this right“, insisted the Minister of Labor, Yolanda Díaz, during an interview on public television following the adoption of “paid climate leave”. The possibility of not taking up one’s post or being absent from it in disaster case already existed but it was imprecise and rarely used for this type of situation.
Businesses will need to develop plans
These four days of paid absence in the event of weather-related risks are part of a package of measures, approved on November 28, intended to adapt labor law to these new realities. In addition to this leave, if adverse weather conditions persist for more than four days, companies will have the possibility of requesting partial unemployment recourse for “cases of force majeure”.
They will also have to develop action protocols to prevent the risks that climatic events may represent for their staff depending on their activities. They have 12 months to produce these standards and negotiate them with staff. Putting pressure on an employee to take up their job despite an event that puts them in danger could be punished by fines of nearly 50,000 euros to nearly a million euros. Climate risk will now automatically be identified as one of these cases. “The climate emergency exists. Today, unfortunately, we are suffering from it in Valencia, and in many other places in the country. We are therefore adapting labor legislation to this climate emergency for the first time in Spain“, insisted the Minister of Labor.
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