Spain: return-to-work guidelines

Although the end of the health crisis, which has affected every aspect of the lives of citizens and businesses, is still a long way off, we start talking about the gradual return to normality, including a return to the workplace, which began to some extent on last April 13th, with the end of the cessation of all activities considered to be non-essential.

In this document we make a summary/compilation of the guidelines that companies must follow from a legal, organizational and risk prevention point of view, based on the regulations in force and the different guides and recommendations published by different public institutions.

1. Preference for teleworking and the right of workers to adapt their hours and functions

Firstly, it should be borne in mind that, in accordance with Article 5 of Royal Decree Law 8/2020 of 17 March on extraordinary urgent measures to deal with the economic and social impact of COVID-19, the company must establish "organisational systems which make it possible to maintain activity by alternative means, in particular by means of distance working, with the enterprise taking appropriate measures if this is technically and reasonably possible and if the necessary adaptation effort is proportionate. These alternative measures, particularly distance working, must take priority over temporary cessation or reduction of activity".
It should also be borne in mind that workers who can prove that they have duties of care for children, spouses or relatives (up to the second degree by blood) are entitled to adapt their working hours and/or reduce them by up to 100% when the presence of the worker outside the workplace is necessary. This right includes the change of functions, if reasonable and proportionate, and the provision of distance working.

According to the recently approved and published Royal Decree-Law 15/2020 of April 21st, on urgent complementary measures to support the economy and employment, these measures will be extended for three months after the end of the state of alert and may be extended subsequently. Therefore, if the current state of alert ends on May 9th as currently planned, these measures will be in force at least until August 10th 2020.

2. Maintaining the health of workers

The other principle that should govern any business decision regarding return to the workplace is the protection and maintenance of workers' health, above all other considerations.

In order to comply with this obligation, the company must contact its health prevention service, which must recommend the preventive measures and guidelines to be followed so that the work activity in each workplace is carried out in the appropriate health conditions.

In this regard, the Procedure for action for occupational risk prevention services against exposure to SARS-CoV-2 published by the Ministry of Health on April 8th, 2020, states that it is up to companies to assess the risk of exposure in which their workers may find themselves in each of the different tasks they perform and to follow the recommendations on this matter issued by the prevention service.

3. Guide to good practice of the Ministry of Health

The Ministry of Health has published a guide of good practices, which, in its April 11th, 2020 edition (the last published at the time of this newsletter) includes obligations and recommendations from an organizational and risk prevention point of view. We have compiled the most relevant ones by type of measure:

a) Occupational risk prevention measures:

• employees with symptoms or who have been in contact with people with symptoms should not go to the workplace. They should contact the COVID hotline.;
• vulnerable employees (pregnant workers or employees with medical conditions) should not go to the workplace. If they cannot telework, their doctor will give them the temporary disability leave;
• the company must inform its workers of the health recommendations to be followed in the workplace;
• workers must be provided with the necessary hygiene products: soap, tissues and, if necessary, gloves and masks;
• particularly sensitive workers must be protected if they inevitably must go to the workplace;
• in companies or establishments open to the public, measures must be implemented to avoid contact between workers and the public;
• protocols should be established for action in the event that a worker presents symptoms of COVID-19; and
• the work area must be cleaned after every shift.

As we have explained above, as these are preventive measures, it is recommended that they be managed by the company's risk prevention service.

b) Organizational measures

• tasks and processes must be organized so that workers can maintain a distance between them of approximately 2 meters;
• if necessary, the company must set up different shifts for attendance at the workplace to avoid crowding; and
• the entry and exit of workers should be organized through staggered schedules, to avoid crowding during the peak hours of commuting.

See our coronavirus (COVID-19) feature for more information generally on the possible legal implications of COVID-19.