The Healthcare Professional Councils ask that force majeure be admitted as a cause of ERTE

The Collegial Councils of Physiotherapists, Chiropodists, Opticians-Optometrists, Speech Therapists, Occupational Therapists and Nutritionists have requested the Ministry of Labour and Social Economy that the 'force majeure' be considered as a cause of ERTE, in order to guarantee the maintenance of jobs. The College Councils have confirmed that, in view of the health alert situation and the lack of necessary protection measures, they are obliged to close their privately owned centres for this reason.

Following the request of these groups to be included among the establishments that must be closed, the Government has not yet carried out this measure, but some Autonomous Communities, such as Castilla La Mancha, Galicia, Andalusia and Catalonia, are doing so. In order to deal with these closures, either dictated by the Autonomous Communities or because they do not have the means of protection, these centres will have to take measures to suspend the employment contract due to force majeure. Currently, there is a lack of protective measures such as masks and goggles, nitrile gloves, disposable gowns, hydro-alcoholic solutions and disinfection elements for all utensils and machinery in contact with patients. Not being able to have the necessary protective measures, in compliance with Law 21/1995 of November 8, on the Prevention of Occupational Risks, forces to suspend the activity, either by own will or by imposition of the workers.

Due to this circumstance these groups request that a directive be issued to the labour authorities of the Autonomous Communities, which are the competent authority for evaluating the ERTES that are being presented by the professionals attached to these six Healthcare Collegial Councils and which admit as a cause of the ERTES force majeure, because they are the centre of direct attention to the public and have a lack of protective supplies, which prevent the continuation of the activity.

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