The coincidence of the great snowfall with the weekend at the moment has limited the concerns of citizens to mobility, but, after the general closures on Saturday and Sunday, since Monday the doubts are generally extended to the workplace.

In the Workers' Statute, reference is made repeatedly to

"force majeure" as a reason for a suspension of the commitments

acquired.

Judging by the impact of this historical storm, the circumstances of

localities like Madrid would meet that criterion.

Mari Cruz Vicente, secretary of Union Action, reminds EL MUNDO that the Statute includes there any "demonstrable climatic impediment, which is considered a cause of force majeure."

According to Vicente, "If you cannot go to work, you are considered

excused absence

".

In other words, workers see their relationship with the company protected despite their lack: "You cannot fire or punish, nor can you cancel Social Security", explains Vicente;

that is to say, "

all rights are maintained except salary

At that point, the possible consequences begin.

There is the possibility that workers will not receive their full salary if they stop complying with the planned working day, as would happen due to the storm.

"Within the company, the form of recovery or payment of the time not worked must be agreed. There are agreements that regulate these circumstances."

"If you cannot get to your workplace due to inclement weather, you have to know that you cannot be punished," they recall in CCOO, a union that highlights the mention of article 47 of the Workers' Statute to force majeure scenarios, among which would fit the blocking of the tracks by snow or the appearance on them of dangerous ice sheets.

Compensate the company

"Missing work for reasons derived from adverse weather conditions cannot be sanctioned, since it is considered justified absence due to force majeure. However, the Workers' Statute does not specify the way in which the employee must compensate their absence from work, so the absence, despite being justified, may lead to

the withdrawal of the salary corresponding to that day, the recovery of the hours

not worked another day and after hours or, if possible, carrying out work from home ", they explain from CCOO.

telecommuting

In recent months, due to the coronavirus pandemic, it will make it easier for many employees to meet their commitments without leaving home.

This union also recalls that "

In no case can this day be compensated with a vacation day

, since it is not lawful to change a day of rest [corresponding to the annual holidays recognized in labor legislation] for a day that is not dedicated to it. "On the other hand, if by agreement there are bags of hours or days of free disposal or own affairs, they would be capable of application.

Proof of receipt if requested

If the company so requires, says Eva Urbano, CCOO lawyer, in principle "you can request a receipt from the corresponding public administration, either the City Council of the municipality in which roads have been closed or the Autonomous Community that manages the services of highways ".

The

notoriety of the snowfall

, which is the largest in Madrid for at least the last 40 years, should not give rise to this type of requests from the company, but the company would be within its rights.

Parents and schools

Parents find another variable to take into account when working hours: caring for their children when educational centers are closed, as is happening for example in the Community of Madrid: "In this case it is a personal duty, but parents will have to

demonstrate to the company, if requested, that the school has closed

"This situation is not covered by law, says Urbano, but it would not imply a breach of labor obligations or, therefore, punishable behavior.

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