Coronavirus, Legal Measures and Actions to be Taken by a Company.

Do you know how to act?
Our Employment Law Firm will be able to advise your company or you as an employee in labour situations related to the Coronavirus.

What is Coronavirus?

As defined by the Ministry of Labour and Health itself, coronaviruses are a large family of viruses that normally affect only animals. Some have the ability to transmit from animals to humans. SARS-CoV-2 is a new type of coronavirus that can affect people. It was first detected in December 2019 in Wuhan city, Hubei province, China.

As the Ministry of Health points out in relation to the protection of workers at risk of exposure to the new coronavirus, a number of assumptions must be made:

a) Coronavirus is a virus previously unknown in human pathology.
b) Isolation measures, in the cases investigated, constitute the first barrier to protection both for the affected worker and for other workers who may come into contact with the patient.

What to do if a Coronavirus situation occurs in my company?

Our employment law firms want to deal with the Coronavirus in the way we know best: by providing you with the necessary information so that all workers and companies can know what their rights and obligations are in the event that their work activity is modified. There are many companies that, after the legal measures adopted to stop the spread of the virus, will see their activity and workforce modified, and thousands of workers will see their working conditions altered.

As employment lawyers, faced with the Coronavirus, we have the duty to advise and guide as much as possible to those companies or individuals who need it, putting at your disposal our offices in Madrid, Pozuelo, Villalba and Majadahonda where a team of employment lawyers will resolve your doubts about the challenge of the Coronavirus.

Given the high risk of contagion in Spain, the Ministry of Health has indicated some premises to take into account as this virus is completely unknown in human pathology and the isolation measures in cases where there is suspicion of a possible infection, constitute a first and very effective wall of protection for both the worker and for all those who have been in contact with them and are therefore susceptible to contracting the Coronavirus.

Companies must take the appropriate legal measures against the Coronavirus, whether organisational or preventive, so that, even for a short period of time given its incubation period of approximately fifteen days, situations of contagion or social contact are avoided without the need to stop their activity.

As employment lawyers, we advise you to act in accordance with article 21 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks and, in particular, the risk of contagion. If people are exposed to a serious or imminent risk because of their work, the company is obliged to inform them as soon as possible and as quickly as possible of the existence of this risk. It must also take the necessary measures and give the necessary instructions so that in the event of a serious, imminent and unavoidable risk, workers can interrupt their work and, if necessary, leave their workplace. For the optimal adjustment of these legal measures as well as to ensure their compliance, you can count on the mediation and advice of any of our labour lawyers.

Within the framework of the legal measures to be taken in the face of the Coronavirus, companies must stop all work activities if there is a risk of Coronavirus infection in the centre. In the same way, measures must be activated that allow the development of work activities in an alternative way and even, as long as there is conformity with the legal regulations in force, a temporary suspension of the activity can be decreed. These legal measures against Coronavirus are provided for in art. 47 of the Workers' Statute and Royal Decree 1483/2012 which, among others, provides for a temporary suspension of activity or employment due to force majeure, as in this case of Coronavirus, force majeure being understood as involuntary, unforeseen events or occurrences, external to the company, which make it impossible to carry out work activities.

Currently there are already aid packages with European funds for companies whose activity or solvency is damaged in the short term, as well as tax moratoriums or liquidity measures that must be claimed through labour lawyers who know the specific problems of each company and can act with the necessary speed and rigour.

Likewise, Law 17/2015 of the National Civil Protection System states that: "The termination or suspension of employment contracts or temporary reductions in the working day that have their direct cause in the emergency, as well as in the loss of activity directly derived from the same, will be considered a situation of force majeure, with the consequences derived from articles 47 and 51 of the Law of the Workers' Statute".

In view of the social, health and labour situation as well as the legal measures against the Coronavirus that are taking place these days and that may possibly be tightened or extended in the coming days or weeks, our labour lawyers will advise you on any questions that may arise, whether you are a company or an individual, and whether you have been exposed to situations of contagion or if you just want to have information or a broad knowledge of the legal measures with which you have to deal with the current situation.

Our labour lawyers, specialised in labour law, will be able to answer all your questions and advise you on every step and procedure to follow.

You can contact us at any of our labour lawyers' offices in Madrid, Pozuelo, Villalba or Majadahonda, where we will be able to help you with any legal measures before the Coronavirus in order to protect your labour and business interests.

Our ERTE Lawyers in Madrid, will know how to advise you whether you are a company or an individual in relation to Coronavirus situations.

Trust our lawyers specialised in labour law.