The blackout that affected Portugal and Spain on April 28 raised several doubts among workers about the work consequences of the forced stop. With the interruption of electricity in the middle of the useful Monday, many were prevented from working, which led to questions about the compensation of unraveled hours and the right to retribution on that day.
According to statements by lawyer Dantas Rodrigues to the website Newsworkers cannot be penalized by the situation.
The absence to work for reasons beyond the will of the worker should be considered a justified absence without loss of retribution.
Light lacked, but no salary is lost
According to the same source, the fact that the worker failed to provide his activity for external reasons, such as electricity failure, constitutes an objective and involuntary impossibility.
“The worker did not work for reasons that are oblivious to his will, so he cannot be attributable to him,” said the jurist.
Write the site that, in this context, the employer has no legitimacy to demand that the worker compensates for the lost hours.
That is, it is not legal to force extra hours, marking vacation days or the use of time off to replace the time.
What about posterior compensation?
The same source adds that the Labor Code does not provide for any obligation to compensate in these cases.
Although there are instruments of collective labor regulation (IRCT) applicable in some sectors, the general rule remains the non -imputability of the worker by interruption of the service.
The lawyer states that, if there is any specific agreement between company and worker, duly framed in an IRCT or a collective contract, it must be analyzed aside, but, in light of the common law, compensation is not required.
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Bosses cannot force to use vacation
According to the same source, the situation becomes more delicate when employers are reported to request workers to use days or vacation days to compensate for absence during blackout. According to Dantas Rodrigues, this practice lacks legal basis and is not admissible.
Deco Proteste confirms this reading. According to the organization, “none of these requirements have a legal basis” at a time when he has received several complaints from workers in similar situations.
Deco alert for abuse
According to the same source, there are cases where employers are asking workers to make compensation on a later date or consume days of vacation.
A Deco protests It rejects these interpretations and recommends workers to refuse such impositions, warning of the right to retribution without penalties.
The association explains that blackout was a force majeure situation and, as such, cannot be used as an argument to withdraw rights to the worker.
Generalized impact
The electricity cut on 28 April affected a vast area of Portugal and Spain, starting at 11:30.
Refers to that the interruption has impacted various critical infrastructures, from airports to public transport systems, through the distribution of fuel and digital communications.
The size of the failure has made the event particularly visible, but also raises questions of preparation and response from employers and public administration.
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