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    Missing work due to snow: free of sanction but with effects on salary and time for the company

    It won’t ever equate to a trip

    Updated

    “All rights are maintained besides salary,” they clarify from CCOO. The snowfall is taken into account power majeure and justified absence from work though the company might demand to make up the hours

    Snowboard in Madrid.
    • Direct Snow, right this moment: final hour of the storm

    The coincidence of the nice Nevada With the weekend at the second it has restricted the considerations of residents to mobility, but, after the normal closures on Saturday and Sunday, from this Monday the doubts are broadly prolonged to the office.

    In the Workers’ Statute, reference is made repeatedly to the “power majeure” as a motive for a suspension of commitments acquired. Judging by the influence of this historic storm, the circumstances of

    l

    Localities similar to Madrid will meet that criterion. Mari Cruz Vicente, secretary of union motion, reminds EL MUNDO that the Statute consists of any “demonstrable climatic obstacle, which is taken into account a trigger of power majeure.” According to Vicente, “If you can’t go to work, you’re thought of

    excused absence

    “.

    That is, the staff see their relationship with the company protected regardless of its lack: “

    Can’t be fired or punished

    , nor can or not it’s canceled in Social Security “, explains Vicente; that’s,”

    all rights are maintained besides salary

    At that time, the potential penalties start.

    There is the chance that staff is not going to obtain their full salary in the event that they cease complying with the deliberate working day, as will occur for the storm. “Within the company, the kind of restoration or cost of the time not labored have to be agreed. There are agreements that regulate these circumstances.”

    “If you can’t get to your office due to inclement climate, you might have to know that you just can’t be penalized,” they recall in CCOO, a union that highlights the point out of article 47 of the Workers’ Statute to power majeure situations, amongst which the blockage of the tracks due to snow or the look in them of harmful ice sheets.

    Compensate the company

    “Missing work for causes derived from antagonistic climate situations can’t be sanctioned, since it’s thought of justified absence due to power majeure. However, the Workers’ Statute doesn’t specify the approach by which the worker should compensate their absence from work, so the absence, regardless of being justified, might lead to

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

    not labored one other day and after hours or, if potential, finishing up work from residence “, they clarify from CCOO.

    telecommuting

    In current months, due to the coronavirus pandemic, making it simpler for many workers to meet their commitments with out leaving residence.

    This union additional recollects that “

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

    , since it isn’t lawful to change a relaxation day [correspondiente a las vacaciones anuales reconocidas en la legislacin laboral] for a day that’s not devoted to it. “On the different hand, if by settlement there are luggage of hours or days of free disposition or personal affairs, they might be vulnerable of software.

    Proof of receipt if requested

    If the company requires it, says Eva Urbano, a CCOO lawyer, in precept “you may request a receipt from the corresponding public administration, both the City Council of the municipality by which the routes have been closed or the Autonomous Community that manages the companies of highways “. The

    notoriety of the snowfall

    , which is the largest in Madrid for not less than the final 40 years, shouldn’t give rise to this sort of requests by the company, but the company is inside its rights.

    Parents and colleges

    Parents discover one other variable to take into consideration when working hours: taking care of their youngsters when colleges are closed, as is going on for instance in the Community of Madrid: “In this case it’s a private obligation, but mother and father could have to

    show to the company, if requested, that the faculty has closed

    “This scenario just isn’t coated by regulation, says Urbano, but it might not indicate a breach of labor obligations or, subsequently, punishable habits.

    To proceed studying for free



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