Aware of the need to remember labor rights in the face of persistent rains in Ñuble, the Seremi of Labor and Social Security, Eduardo Riquelme, recalled that “the cause of force majeure, which occurs in this case in our region due to the bad weather front, prevents employers from firing or deducting wages from workers who cannot go to their workplace or arrive late.”
The authority explained that workplaces affected by the interruption of the supply of drinking water cannot continue to operate until the service is restored. The same situation occurs in the case of power cuts that affect the supply of drinking water or that generate unsafe conditions for the life or health of workers. In both cases, the employer must notify the corresponding Labor Inspection.
In the case of affected workers, if the situation of inability to attend work derives precisely from the consequences produced by the bad weather front, a fortuitous case or force majeure occurs, that is, a situation that is completely irresistible and unforeseeable, which is not attributable to the worker.
According to case law, workers who arrive late due to difficulties with the operation of public transport should not be penalized.
Riquelme added that the Labor Code also states that in the case of workers who work exposed to rain or cold situations, the employer must provide them with personal protective equipment, appropriate clothing, waterproof clothing once morest rain and cold, safety shoes and all those elements that allow that worker to carry out his or her work without being exposed to situations that affect his or her health or physical or mental integrity.
Regarding the sanctions that employers may receive if they do not adequately protect the life and health of their workers, fines can reach up to 60 Monthly Tax Units, which at their value in June 2024 amounts to $3,946,200, depending on the size of the company.
The Seremi called for the protection of workers’ rights, but also for employers to be well informed so that they can take appropriate measures.
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