The activation of a red alert for rains does not automatically mean that all workers can stop going to their workplace. Labor regulations do establish, however, specific mechanisms to protect workers against adverse weather phenomena and provide for a paid leave of up to four days when it is not possible to reach the workplace or there is a serious and imminent risk.
In the episode of rains expected this Thursday and Friday in the east of Spain, this issue takes on special relevance in light of the red warning from AEMET in areas of Valencia and Castellón and the recommendations from the authorities to limit travel.
In what cases can one miss work
The article 37.3.g of the Workers' Statute recognizes up to four days of leave when it is impossible to access the workplace or travel through the necessary routes to get there as a result of recommendations, limitations, or prohibitions on travel established by the competent authorities.
The same right is provided when there is a serious and imminent risk situation, including those arising from a disaster or an adverse weather phenomenon. If the circumstances persist after those four days, the leave can be extended as long as the causes justifying it remain.
Therefore, it is not the red color of the AEMET warning, by itself, that automatically generates the leave. What is decisive is that there is an impossibility of travel due to the circumstances provided for in the law or a serious and imminent risk that affects the safety of the worker.
Do I have to notify the company?
Yes. If the weather conditions or mobility restrictions prevent reaching the workplace, the worker must communicate it to the company and justify the situation by the available means.
The regulations themselves state that companies must inform their workers of the measures to be taken in the event of disasters and adverse weather phenomena.
In addition, the protocols incorporated into various collective agreements are developing how to act in these cases. For example, some expressly state that if there is a warning before the start of the workday that advises against or prevents travel, the worker must communicate it and avoid going to the workplace.
The obligations of the company in the face of a red alert
The occupational risk prevention regulations require companies to protect the safety and health of their workers against adverse weather phenomena.
In outdoor work and in those centers that, due to their activity, cannot remain closed, the company must adopt appropriate measures against these risks. If an orange or red alert from AEMET is activated and the preventive measures do not guarantee safety, adapting the working conditions becomes mandatory, including the reduction or modification of the planned working hours.
This may particularly affect workers who carry out their activities outdoors, but protection is not limited exclusively to them: the prevention regulations also consider situations of serious and imminent risk in any workplace.
Can the company force me to attend?
The answer depends on the specific circumstances. A red alert does not automatically equate to a general order to close all workplaces, so the mere existence of the weather warning does not allow for the assertion that any worker can be absent without further ado.
The situation changes when attending the workplace involves a serious and imminent risk or when authorities have established recommendations, limitations, or prohibitions that make travel impossible. In those cases, the protection provided in the Workers' Statute applies.
The Occupational Risk Prevention Law also establishes that, in the face of a serious, imminent, and unavoidable danger, the company must adopt the necessary instructions so that workers can interrupt their activity and, if necessary, immediately leave the workplace. As long as the danger persists, resuming activity cannot be required except in the legally provided exceptional cases.
What happens if the alert arrives when I am already working?
If the weather phenomenon worsens during the workday, the company must take the necessary measures to ensure the safety of the staff. If a serious and imminent risk arises, workers have the right to interrupt the activity and, when necessary, leave the workplace.
In this scenario the instructions of the authorities and of the workplace itself must also be followed. Some sectoral protocols provide that, if the alert occurs during the workday, workers may remain in the facilities until the risk is over, as long as the conditions of the center allow for their safety.