The passage of Martinho depression through Portugal caused thousands of occurrences related to bad weather, especially tree falls, structures and floods, according to the National Emergency and Civil Protection Authority (Anepc). In this scenario, many workers may have faced difficulties to move to the workplace. But after all, is this lack justified and paid?
Workers’ rights in case of bad weather
According to Deco Proteste, workers prevented from attending work due to extreme weather conditions may justify the absence.
“Workers who are prevented from reaching the workplace because of a storm can justify the lack,” explains the consumer protection organization.
In addition, the absence cannot result in loss of remuneration.
Labor legislation provides that absences motivated by external factors, other than the responsibility of the worker, such as floods, storms or transport difficulties caused by bad weather, must be considered justified by the employer.
Legislation and Legal Framework
The Labor Code states that absences resulting from facts not imputable to the worker must be considered justified.
However, the way companies deal with these situations may vary, and workers are recommended to communicate the situation as soon as possible and provide eventual proof if necessary.
Deco Proteste stresses that, even in extreme situations, it is essential to verify the company’s internal regulation or employment contract to better understand the specific rights and duties of each worker.
We recommend:
Impact of Martinho Depression on Portugal
The storm that crossed Portugal last week caused more than 4,000 occurrences between 00h00 and 07h00 of a single day, according to Anepc.
“We have the accumulated record from 00h00 on the 19th to 7:00 am on the 20th of 4,214 occurrences of which 2,314 tree falls, 1,169 structures, 643 road cleaning, 45 mass movements and 38 floods,” said José Miranda, from Lusa.
The most affected regions included the Greater Lisbon Sub-region, with 1,452 occurrences, the Setúbal Peninsula, with 456, and the West Sub-region, with 329.
Conclusion
If bad weather prevented travel to work, workers are entitled to justified lack and maintenance of remuneration, provided that the absence is due to external and uncontrollable factors.
However, it is always advisable to communicate in advance with the employer to ensure that the situation is properly framed.
Also read: