Spain: new labor measures for companies due to climate change

The reality of climate change is unavoidable as it increasingly affects our lives and livelihoods. In response to this situation, Royal Decree-Law 8/2024, of November 28 ("RDL 8/2024"), published on November 29, 2024, introduces important amendments to the Workers Statute ("WS") to adapt labor legal systems to new climate realities, such as the natural disaster caused by the catastrophic flash flooding ("DANA") in Valencia and other Spanish provinces.

The Spanish lawmaker has taken this opportunity to not only address the urgent needs arising from the DANA, but also to introduce long-term structural changes in the workplace. This is in anticipation of more adverse weather events in the future, which may cause situations of temporary incapacity to work or recommendations not to do so due to health and safety requirements.

In this post, we will address the main new developments and their impact on companies.

New labor measures

• Letter g) article 37.3 WS introduces a new paid leave, applicable from the moment the authorities impose mobility restrictions or from when the risk associated with an adverse weather event occurs. The leave must be guaranteed for at least four days (if the weather event lasts that long).
  
  The reference to undefined legal concepts such as the mere "recommendation" not to travel, the existence of “serious and imminent risk,” and the possibility of imposing remote working where possible so activity can continue, could generate conflicts in practical application.

• In cases where this new paid leave is used, the option to apply for a temporary redundancy plans on the grounds of force majeure ("FM ERTE") is delayed. The FM ERTE cannot be implemented until four days after the (i) adverse weather event, or (ii) authorities have imposed mobility restrictions (new wording of article 47.6 WS).
  
  For short-term cases, like intermittent days of extreme temperatures, heavy snowfall or extreme rainfall, companies cannot claim unemployment protection through an FM ERTE; they must pay wages during the first days where working is not possible.
  
  
• RDL 8/2024 also extends the information rights of workers’ legal representatives regarding emergency and self-protection plans for when adverse meteorological catastrophes or events occur [new letter e) of article 64.4 WS].
  
  Companies must also negotiate action plans that include health and safety measures specifically referring to actions to be taken in the case of adverse meteorological catastrophes and events (article 85.1 WS). 

Coordinating with other planned reforms

This change is in line with the trends in Spain towards green collective bargaining, as well as with the Sustainable Mobility Bill that, in article 85.1 WS, will possibly introduce the duty to negotiate measures promoting the development of sustainable mobility plans at work with a certain scope and content.

While RDL 8/2024 focuses on the environment from an internal point of view, protecting people and companies from the effects of climate change, the Sustainable Mobility Bill will tackle environmental protection from an external point of view, promoting measures that companies and workers will take to prevent or not aggravate climate change.

Impact for companies

RDL 8/2024 represents a significant step toward adapting the labor legal system to the realities of climate change.

This regulation provides companies and workers with new tools to face the challenges of climate change, encouraging collective bargaining in its development. Companies must be prepared to implement these measures and ensure the health and physical wellbeing of their workforce. In a context where climate change is becoming more prevalent, planning optimal response scenarios from both a preventive and productive point of view will be key.