Collapsed roads and more than a hundred people died as a result of the passage of the DANA through Spainwhich arrived with particular force in the province of Valencia, causing a endless list of material damage.
Now, two weeks after the catastrophe experienced in several Valencian municipalities, the Civil Protection alerts began to sound last Tuesday night, warning that a new DANA would be located this Wednesday over the Mediterranean coast.It could cause heavy rains in Tarragona and Malaga, so the Aemet has activated the red warning. The danger is extreme. Overflowing of riverbeds and floods may occur. Caution!”, reported the Aemet in social networks.
In this context, a debate has been opened about the responsibility of the companies that did not cease their activity during the storm in Valencia, and now there are many who are wondering what the consequences of not going to work under similar conditions might be.
Can I miss work in the face of a DANA?
Last Wednesday the second vice-president and minister of Labor, Yolanda Díaz, appealed to the “responsibility of all companies” so that they do not require their employees to go to their jobs. in the areas affected by the DANA, and has recalled that “there is an obligation to protect the lives of workers”, appealing to the article 14 of the Law on Risk Prevention on the right to protection against occupational hazards.
Likewise, Article 21 of the Law on Occupational Risk Prevention recognizes workers who are or may be exposed to a serious and imminent risk, the right to effective protection in terms of safety at work, as well as “ethe right to refuse to work if the working conditions are dangerous with serious risk to workers.
What does the law say? Obligations of the employer
Specifically, the article 21 of this law on Risk Prevention Labor Risks establishes that, in the face of this risk to workers, the employer shall be obliged to:
- Inform all workers as soon as possible affected about the existence of such a risk and the measures taken or to be taken, if any, for protection.
- Take the necessary measures and give the necessary instructions so that, in case of serious, imminent and unavoidable danger, workers may interrupt their activity and, if necessary, leave the workplace immediately. In this case, workers may not be required to resume their activity as long as the danger persists, except in the case of an exception duly justified for safety reasons and determined by regulation.
- To arrange the necessary for the worker who could not contact his hierarchical superior, in a situation of serious and imminent danger to his safety, that of other workers or third parties to the company, is in a position, in view of his knowledge and the technical means placed at his disposalto take the necessary measures to avoid the consequences of such danger.
What rights does the worker have?
Similarly, Article 21 states that the worker shall have the right to leave his place of work without suffering any prejudice:
- To interrupt his activity and leave the workplace, if necessary, when he/she considers that such activity involves a serious and imminent risk to his/her life or health.
- When the employer does not adopt or does not allow the adoption of the necessary measures to ensure the safety and health of workers, the legal representatives of the workers may agree, by a majority of their members, the stoppage of the activity. of the workers affected by said risk. Such agreement will be immediately communicated to the company and to the labor authority, which, within twenty-four hours, will annul or ratify the agreed stoppage.
- The workers or their representatives shall not suffer any prejudice whatsoever. arising from the adoption of the measures referred to in the preceding paragraphs, unless they have acted in bad faith or committed gross negligence.
This has been recalled by the Vice-President of the Government, who has addressed the workers to ask them to “do not be afraid” of possible reprisals if they do not go to work.The Government is going to “deploy the Labor Inspection” to detect possible fraudulent practices from the companies.
Conditions to be able to miss work
In order for the worker to be protected by the law, he/she must justify the impossibility of commuting, by providing evidence of the danger or limitations on access to his job. Thus, factors such as road closures, weather alerts or blockages in public transportation constitute justifiable causes for not attending work.
It is essential, however, that the employee communicates his situation to the company immediately and offers documentation such as photos or weather reports to justify the absence.. In addition, warnings from the authorities about an elevated risk in an area provide a solid basis for justifying absence from work.