From MDG, we would like to inform you about the principal measures taken in this regulation. However, we would like to inform you also that as from tomorrow, there will be more measures published and the ones we already have will be clarified. We are living a confusing time and little rigour in the regulation recently published, due to this unusual COVID-19 crisis, hence we recommend patient and caution.
These measures are the following ones:
1. Suspension of all economic activity NOT indispensable. You can access the list of these essential activities, at the following link: https://www.boe.es/buscar/doc.php?id=BOE-A-2020-4166
2. The new recoverable paid leave is adopted between March 30 and April 9. For those workers of the companies that have to suspend their activity because it is not essential, this permission is provided. Their salaries will continue to be paid , but the hours corresponding to that salary must be recovered after the State of Alarm is overcome. This is mandatory, even if it is called “permission”, and the hours will be gradually recovered. It does NOT apply to companies that can work remotely.
3. Dismissal for objective reasons is limited, in other words, force majeure and economic, technical, organizational causes … for the termination of contracts will not be considered as objective cause, therefore the dismissal will not be fair. The Government pretends to limit the extinctions of contracts, and to facilitate the suspensions of contracts.
4. Interruption of the calculation of duration in the suspension of temporary contracts. If the suspension of temporary employment contracts has been agreed, its computation will restart after the conclusion of the Alarm State.
5. Facilitation of the unemployment benefits for workers affected by ERTES. The application for unemployment benefits will be made collectively by the employer, and not by each worker individually.
6. The ERTES requested on the occasion of COVID-19, both those based on force majeure and objective causes, will only last as long as the Alarm State is maintained.
7. Warning to companies that, if they act in fraud of law or with falsification of data, both in ERTES and in the reception of any benefit, will be sanctioned accordingly, as well as the Government remark that necessary measures will be taken to review and control that such actions do not occur.
