Can I take time off work because of the snow? This is what the workers’ statute says

Publication: Sunday January 10, 2021 12:27

Storm Filomena has caused many citizens to find their ability to travel to their workplace compromised. With hundreds of roads affected and cut, transportation services suspended and icy roads, one wonders if you can miss your job because of the weather.

Taking the status of workers, in particular article 45.1, it is established that a worker’s contract can be suspended because of “temporary force majeure”, a casuistry extended to articles 47 and 51.7.

It is stated there that indeed the contract may be suspended due to extreme risk on the road or in transport, so that the absence would be justified. What is not collected is how the worker can compensate for this shortfall, which can be collected through a collective agreement.

In the case of Filomena, many authorities have recommended to limit as much as possible the movements that are carried out due to the snow and ice that there is and will be on the roads, a situation of alert which, in some cases, can be solved by telecommuting.

For example, the government recommended that government departments and government agencies use remote working until Wednesday. In Madrid and Castile-La Mancha, face-to-face classes were suspended in all their educational centers on Monday and Tuesday, while waiting to check the evolution of the storm.

Below you can consult the Workers’ Status Law to view the articles mentioned in this article:

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