Remote work and coronavirus: what is the official procedure for companies?
The spread of the coronavirus outbreak worldwide and the widespread alarm has also reached Spanish companies, which have already launched their own containment plans to deal with possible infections from the COVID-19 disease.
The Ministry of Labor and Social Economy has published a guide for companies and workers with recommendations on how to respond to potential cases of coronavirus in the workplace. The measures will be tailored to the specific type of economic activity and the level of risk to the workers.
Companies will be able to halt their activity
Firstly, the guide prepared by the Ministry highlights that companies may adopt "organizational or preventive measures that, temporarily, avoid situations of social contact, without needing to stop their activity."
In this regard, according to Article 21 of Law 31/1995 on Occupational Risk Prevention (LPRL), if the staff is or may be exposed to a serious and imminent risk, the company must inform the workers about said risk as soon as possible and adopt the necessary measures.
If there is a risk of contagion from this "serious and imminent" disease, companies "must stop activity" and may opt for alternative measures to continue developing business work or temporary suspension.
Workers' rights
In the case of staff, according to the aforementioned law, workers may "interrupt their activity and leave the workplace" in the event of a serious and imminent danger from coronavirus. This danger and immediacy are not understood to be based on "mere supposition or the social alarm generated," as these are not sufficient "to meet the requirements of the regulation."
On the other hand, if this is fulfilled, "workers and their representatives may not suffer any harm as a result of the measures mentioned above," except in cases where there has been "bad faith" or "serious negligence.".
In the case of individuals in preventive isolation or infected with the COVID-19 virus, temporary incapacity leave will be considered equivalent to sick leave due to a work-related accident. This implies an improvement in benefits, both for the affected workers, who will receive 75% of their base salary from the day after the start of their leave, and for the company, as this benefit will be paid by the government (Art. 5 Royal Decree-Law 6/2020 of March 10). Effective from March 12.
Prevention in the workplace
When it comes to preventing occupational risks, some preventive measures can be carried out as indicated in this same guide and in the document prepared by the Ministry of Health on action for occupational risk prevention services.
One of the organizational measures recommended in the workplace to reduce the risk of contagion is teleworking. This is one of the alternatives that could be implemented under a collective or individual agreement, and its implementation would be a "temporary and extraordinary" measure.
On the other hand, it is essential to provide all employees with official information on hygiene measures in the workplace:
– Wash your hands frequently.
– Cover your mouth and nose when coughing and sneezing.
– Avoid touching your eyes, mouth, or nose.
– Use disposable tissues.
– Ensure adequate ventilation.
– Clean surfaces and objects.
Companies must "provide workers with the necessary hygiene materials and adopt the necessary cleaning protocols.".
Measures announced
Yesterday, March 10, 2020, the Government announced the approval of a series of regulations aimed at facilitating labor flexibility. These measures would include reductions in working hours or temporary adjustments, as well as resources to support the liquidity of SMEs (credit lines, deferrals or moratoria on tax obligations, etc.) that will allow companies to implement the necessary health and organizational measures to curb the spread of the virus. We will be monitoring how these provisions are ultimately implemented.
If you require further information or have any questions, please contact us via email at ambit@ambitassessor.com or at our offices.
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A graduate in Labor Relations from the Rovira i Virgili University of Tarragona, she began her professional career at the temporary employment agency Alta Gestión as head of recruitment, a position she later held at Marlex Gestió. She then joined Bufete Gatsa as head of the labor department. In June 2014, she joined Àmbit Assessor, SL to head the labor management department.
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