“Bad weather” refers to any climatic condition (such as rain, snow, strong winds, sandstorms, extreme heat or frost) that makes it:

• Dangerous to continue work due to risks to the health and safety of workers, or

• Impossible to continue work given the nature or technical requirements of the activity.

All workers who carry out a professional activity and are present on the worksite, working outdoors or in uncovered areas, are entitled to compensation for unemployment due to bad weather, provided that:

• They have completed at least 200 hours of work during the two months preceding the suspension of activity;

• They have benefited from less than 200 hours of compensation for unemployment due to bad weather during the calendar year;

• The enterprise has regularized its situation with respect to the payment of main contributions relating to unemployment due to bad weather, for the leave campaign immediately preceding the stoppage of the worksite.

Compensation for unemployment due to bad weather enables the employer to retain their workers and avoid dismissals or departures during periods of work stoppage caused by severe weather conditions.

The reference year for the acquisition of rights is determined by the calendar year, that is, from 1 January to 31 December.

Compensation may be paid throughout the year, provided that the legal entitlement conditions are met.

In the event of bad weather making, it dangerous to continue work due to risks to the health and safety of workers, or impossible to carry on due to the nature of the work, a decision to suspend activity on the worksite is taken in accordance with Article 12 of Ordinance No. 01/97.

The work stoppage must be certified by the site supervisor, workers’ representatives, or any authorized body such as a design office.

The employer must declare the work stoppage within 48 hours at the latest to the Agency of the National Fund for Paid Leave and Bad Weather Unemployment for the Construction, Public Works and Hydraulics sectors, through:

• The remote declaration portal “TASRIHATCOM ”, or

• By sending the work stoppage declaration form to any of the Fund’s agencies.

The employer or their representative, in the event of bad weather, decides on the work stoppage after consultation with the workers’ representative(s) and the project owner, when it concerns a public administration.

The employer or their representative and the workers’ representatives must sign a declaration of work stoppage, which the employer shall submit to the Fund within forty-eight (48) hours following the suspension of work at the Fund’s agency.

Compliance with this time limit is required in order to avoid rejection of the declaration.

When weather conditions improve, the employer must declare the resumption of activity, whether for all or part of the workers, using the same procedure as that applied for the declaration of work stoppage.

The declaration of resumption must be sent within a maximum of 15 days from the date of reopening the worksite, either through the “TASRIHATCOM ” portal or by means of a form addressed to the agency.

Compensation for unemployment due to bad weather is calculated on a daily basis, starting from the second day of the worksite stoppage, it being understood that the first day is borne by the employer.

Payment must be made within a maximum period of 30 days after the submission of the complete file by the employer.

The file must include :

1. A declaration of work stoppage submitted within no more than 48 hours from the date of stoppage;

2. A declaration of resumption of work submitted within no more than 15 days after activity resumes;

3. The commitment of worksite stoppage, submitted within no more than 3 months after resumption;

4. The nominal list of workers presents at the time of stoppage, submitted within no more than 3 months after resumption.

5. The employer shall pay the compensation for unemployment due to bad weather to their workers under the same conditions, at the same places and times as usual working arrangements, and shall also bear the corresponding tax and parafiscal charges.

6. The daily compensation is calculated as follows:

7. Based on the normal daily working duration applicable at the worksite, not exceeding 8 hours;

8. The amount of compensation is set at three-quarters (¾) of the hourly wage normally received by the worker.

    

To obtain reimbursement of the amounts paid, the employer must submit to the Fund a detailed statement specifying:

1. 9. The amounts of compensation paid to the workers;

   10. The tax and parafiscal charges paid to the competent authorities.

No compensation for unemployment due to bad weather shall be paid if the worker has engaged in any remunerated activity during the period of unemployment caused by bad weather.

Furthermore, the maximum compensation limit for unemployment due to bad weather is 200 working hours per year.