Coronavirus Labour Counselling

Coronavirus is affecting thousands of people in Spain at work. The extraordinary measures that are being taken to prevent its contagion and spread are part of a strategy to contain the disease that affects thousands of workers and companies, which find themselves in a scenario never seen before and that our employment lawyers are studying in depth to be able to deal with the current labour situations.

The Government, which days ago published a guide for action in the labour field, has begun to take more drastic measures even on very unpopular issues such as the suspension of public assistance events, IMSERSO trips, the closure of schools throughout the country or the prohibition of attendance at sporting events of all kinds, until finally the state of alarm has been approved.

All these legal measures adopted in the fight against the Coronavirus are based on the protection and wellbeing of citizens and in order to deal with them at work, it is necessary to facilitate reductions in working hours, teleworking or childcare assistance, guaranteeing the supply and production of medical supplies and medicines as well as maintaining the labour rights of all those workers who are affected by them.

The executive seeks to support employment at a delicate time due to the fall in demand, even if this is temporary and for such a specific reason as the Coronavirus. The aim is to ensure that companies do not have to resort to redundancies or the suspension of contracts or ERTEs due to the coronavirus, among other legal measures to deal with the coronavirus crisis. Liquidity measures, credit lines, or tax moratoriums so that the containment of the Coronavirus does not produce solvency problems in companies that end in drastic measures such as the suspension of contracts or activity and no layoffs, are part of a package of measures that also tries to contain the social and economic impact of Coronavirus, with the inclusion of 25,000 million Euros by the European Commission, of which 7,500 will be released in the coming days.

The aim is to provide liquidity to small and medium-sized enterprises in all the most affected sectors, mainly tourism, transport and the service sector, and to design specific preventive measures adapted to the current situation of the sectors most vulnerable to the Coronavirus crisis.

Las empresas deben adoptar las medidas legales tanto de organización como preventivas, tratando de flexibilizar el acceso al trabajo y la conciliación laboral sin tener que recurrir a las medidas más extremas como por ejemplo la suspensión del contrato o el despido, sin embargo, el conflicto de intereses entre empresa y trabajador, en medio de un momento de emergencia por Coronavirus, puede abocar en un riesgo para las personas o en el cese de la actividad de una forma drástica.

Our employment law firms can advise both companies and workers, individually and collectively, on how to proceed in each specific case without violating the Law on Prevention of Occupational Risks or the Workers' Statutes. The professional advice of a labour lawyer will prevent us from incurring in measures that, in the long term, may cause problems.

As labour lawyers, we advise that in the face of the Coronavirus and its prevention, information and communication should be as fluid and realistic as possible between the company and the workers. As stated in art. 29 of the Law on Prevention of Occupational Risks, companies must ensure the health and safety of employees and employees must cooperate with the company so that it can guarantee optimal safety conditions in the development of the activity.

Royal Decree 664/1997 on the protection of workers against risks related to exposure to biological agents recognises the right to interrupt the activity when it involves an imminent and serious risk to their health. Likewise, the worker's refusal to remain in or move to a danger zone can be considered a legitimate exercise of resistance and will not be considered disobedience punishable by law. From our broad vision as labour lawyers, we advise that all actions should be agreed by both parties if possible and that decisions should be as unanimous as possible within the framework of risk prevention against Coronavirus.

In cases of infection or preventive containment and isolation, the worker must be considered to be unfit for work due to common illness. This situation must be verified in the usual way, without the need to request specific medical reports on the pathology or dismiss a worker for not providing them. Infection with Coronavirus, even if it has occurred in the workplace, should not be considered an occupational disease or an accident at work, as it must be due to the consequences of the work carried out and be included in the list of regulated occupational diseases. Coronavirus infection will be treated in the same way as common flu or any equivalent viral process, except that, on this occasion, measures must be taken to protect the rest of the workers from contagion, and therefore the necessary preventive and protective measures must be introduced.

It could be a cause for dismissal or sanction if an infected worker does not inform the company, as a duty to cooperate in health and safety matters is derived from his contract. If a worker omits this information, he or she will be in breach of his or her obligations in terms of risk prevention, which is punishable. The cooperation between company and workers, which we strongly recommend from our employment law firms, must be optimal and can be, in itself, a first barrier of containment against the spread of the Coronavirus.

As labour lawyers against the Coronavirus we know that there are hundreds of different cases that can occur within this risk situation, generated by unforeseeable and involuntary events beyond the control of both parties, company and staff, so from our offices we are prepared to address the problems of this new labour challenge so that, while complying with the decisions taken by the Health Authorities, we can guarantee the maintenance of the activities and the rights arising from this.

The advice and mediation of an employment law firm such as Elias y Muñoz Adobagos is essential at times when specific and necessary decisions must be taken in the face of an extraordinary situation. All the necessary information about the measures that a company must take in the face of the Coronavirus, the aid that it can apply for to ensure its activity, and all the contingencies that the worker may have to face, are contemplated by law and our advice as labour lawyers with years of experience will help you to take the appropriate measures without this causing any type of conflict, risk or loss for the company and its employees.

From our offices in Madrid, Pozuelo, Collado Villalba, Las Rozas or Majadahonda we can advise you on any legal measures you need to take in order to protect your labour and business interests in the face of the challenge that the Coronavirus represents today.