Labor Flash – Workplace Action Plan for Coronavirus

The Ministry of Health, on one side, and the Ministry of Labor and Social Security, on the other, have published action guideline for workplaces and occupational risk prevention, with practical guidelines to be followed by companies and employees, in summary, the main measures to take into consideration are the following: 

• Work should be paralyzed if there is a risk of contagion by coronavirus in the workplace.

• If the risk of contagion is imminent, the employee could, based on article 21 of the LPRL, decide to leave the workplace.

• In order to assess the risk, it is necessary to verify that the continuation of the labor activity supposes the elevation of the risk of contagion for the rest of the employees.

• The following general preventive measures are proposed:
  • Organize work so that the number of exposed employees is reduced, establishing rules to avoid and reduce the frequency and type of person-to-person contact.
  • Adopt, where appropriate, specific measures for particularly sensitive employees.
  • Provide information about hygienic measures, such as frequent hand washing, not sharing objects, ventilation of the workplace, and the cleaning of surfaces and objects.

• Teleworking could be adopted by collective or individual agreement, on an exceptional basis, to carry out essential tasks that cannot be carried out in the usual physical center.

• The Ministry of Health guide classifies the risk exposure of employees according to the nature of the labor activity.

Lastly, article 30 of the ET must be borne in mind that, when the employee is unable to provide his services because the employer is late in giving him work, due to impediments attributable to him and not to the employee, he shall retain the right to his salary, without being able to make up this for what the employee lost with another job done in another time. 

Download the Action Plan of the Ministry of Labor and Social Security.

Download Occupational Risk Prevention Procedure from the Ministry of Health Download Criterion 2/2020 of the Ministry of Inclusion, Social Security and Migration