The inclusion of climate-related measures in Spanish labour legislation marks a significant advancement in protecting workers’ rights. However, its success depends on corporate awareness, compliance, and active oversight by labour authorities. Climate change will continue to create challenges, making further regulatory developments likely in the coming years to enhance worker safety and well-being in an increasingly unpredictable environment.
Royal Decree-Law 8/2024, enacted on 28th November, introduced the paid climate leave under Article 37.3 of the Workers’ Statute. This measure allows employees to be absent from work for up to four days, extendable, when necessary, in situations where extreme weather conditions prevent safe commuting or pose a risk to their health and safety.
The leave applies in cases such as a red alert issued by the Spanish State Meteorological Agency (AEMET), mobility restrictions imposed by local authorities, or extreme conditions making it unsafe to continue working. During this period, employees retain their right to remuneration and cannot be penalised or dismissed for taking leave. The financial responsibility falls on the employer, though government subsidies may be available for small and medium-sized enterprises (SMEs) facing financial hardship due to climate-related disruptions.
Employers who fail to grant climate leave or pressure employees to work under unsafe conditions may face fines ranging from 3,000 € to 30,000 €, depending on the severity of the infraction, as established in the Law on Infractions and Sanctions in the Social Order (LISOS, Royal Legislative Decree 5/2000).
The same decree mandates that companies establish action protocols for climate emergencies, incorporating occupational risk prevention measures, immediate communication of meteorological alerts to employees, and adjustments to work schedules, including remote work where possible. Non-compliance with these requirements can result in fines of up to 40,000 €, depending on the level of risk and impact on worker safety.
Further regulatory measures are planned within the framework of the Occupational Risk Prevention Law (Law 31/1995), requiring approval within 12 months. This regulation will address emerging climate-related risks, including extreme heat and ultraviolet radiation, adaptation strategies for workplaces, and contingency plans for sectors particularly vulnerable to climate impacts, such as construction, agriculture, and transportation. Companies failing to comply with occupational risk prevention obligations concerning climate hazards can face sanctions of up to 819,780 €, as stipulated in Article 40 of the law.
Another key provision is the “right to green work stoppage,” allowing workers’ representatives to halt activity when severe and imminent climate risks are identified, ensuring that employees are not forced to work in unsafe conditions. This measure has been particularly relevant for outdoor sectors like agriculture and construction, where heat stress and prolonged exposure pose serious health risks.
Companies that fail to respect this right may be fined between 6,250 € and 187,515 €, depending on the severity of the violation and its consequences for worker health and safety. The Labour Inspection Authority is actively monitoring compliance, enforcing sanctions against employers who neglect climate leave regulations or expose workers to unsafe conditions.
These legislative developments reflect Spain’s growing commitment to integrating climate considerations into labour policy, ensuring that both employers and employees are equipped to handle the increasing risks posed by extreme weather events.
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