Duty of Care

Companies with part of its workforce frequently travelling on business issues or deployed abroad on long-term basis as expats, have the legal and moral duty to protect them and to provide assistance in case of need. This obligation is especially relevant when these workers are deployed to developing countries or risk zones, but it must be assumed on daily basis and under every circumstance: not only dramatic facts as terrorist attacks, revolts, civil or political unrest, natural disasters or pandemics, but also daily life incidents as petty robbery, can crashes or common illnesses.

Spain, as any other European Union member, relies upon a clear and strict legislation about the employers duties regarding the security of the employees abroad. In the Spanish case, the duty of care over the security and heath of the workers is a Constitutional mandate developed through the Prevention of Labor Risk Law.

Because of that, the employer will have to gather information exceeding the strictly related with his area of activity to verify if additional measures have to be adopted in order to protect the safety of his employees, such as training and information sessions, especial insurances, consultancy and advisory, personal protection, et cetera.

In the event of one of more employees would be involved in a serious incident abroad and it could be proved that the employer didn’t comply with the due diligence, the organization would have to assumed not only the derived legal responsibility for omission of the duty of care, but also serious reputational damages.  

Black Swan TS will help you in the elaboration of a Duty of Care compliance program thanks to our program of services and specialized client-based products. This program is proof that both the organization and the employer took the necessary steps for abiding law and protecting the employees safety.

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