The Director of Labor Relations and Social Affairs at Foment, Yesika Aguilar, argued that while absence is justified if there are no travel alternatives, the situation is not covered by the paid leave provisions in the Workers' Statute.
“"The four-day paid leave established for the DANA storm would not be applicable in this case, as it was intended for specific weather-related circumstances."
The employers' association insisted that the recovery of hours must be managed with “dialogue and flexibility” between the company and the employee. They also stressed the importance of analyzing each case based on the territory and available mobility options, such as intercity buses or the possibility of teleworking.
This stance conflicts with that of unions like CCOO, which maintain that Article 37.3g of the Workers' Statute, which provides for paid leave, could indeed be applied. However, they admit that the requirement to return the hours depends on the fine print of each collective agreement.
Foment expressed its condolences for the fatal victim of the accident that forced the suspension of rail traffic and warned that the “uncertainty” regarding when normal service will be restored is causing concern and negatively impacting productivity and human resources management for companies.
