BOE of March 29,
Royal Decree-Law 10/2020 has been published, regulating a recoverable paid leave for employees who do not provide essentialservices, in order to reduce the mobility of the population in the context of the fight against COVID-19, which entered into force on the day of its approval, and which also establishes the list of essential activities that will be able to continue working during this second phase of confinement and suspension of activities.
The rule nevertheless contains a moratorium on cases where it is impossible to immediately interrupt the activity. Workers may provide services on Monday, 30 March 2020.
What does recoverable Paid Permission mean?
It should be noted that paid and recoverable leaveisan “exceptional measure” approved by the Government, on Sunday, March 29, to address the health emergency by the COVID-19coronavirus pandemic.
This permit, which mandatory between March 30 and April 9, 2020 inclusive,means that workers shall not go to work and retain their right to remuneration if they are providing services on an ordinary nature, including base salary and salary supplements.
In return, workers must recover from unpaid working hours during paid leave.
However, in cases where it is impossible to immediately interrupt the activity, workers may serve on Monday 30 March 2020 for the sole purpose of carrying out the tasks necessary to be able to carry out recoverable paid leave, without irretrievably or disproportionately damaging the resumption of business activity.
In this sense, carriers who are performing a non-essential service will initiate the recoverable paid permit after the end of the current service, including as part of the service, where appropriate, the corresponding return operation.
Other issues to consider:
- The recovery of working hours can be effective from the day following the end of the alarm status and until December 31, 2020. This recovery shall be negotiated in a period of consultations open for this purpose between the undertaking and the legal representation of the workers, which shall last a maximum duration of 7 days.
- The standard provides for the mechanisms for appointing workers’ representatives and the consultation period. During the same period, the parties shall negotiate in good faith and with a view to reaching an agreement.
If the company has no legal representation workers’, the representative committee of these for the negotiation of the consultation period shall be composed of the most representative and representative trade unions of the sector to which the undertaking belongs and with standing to be part of the negotiating committee of the collective implementation agreement. The committee shall consist of one person for each of the trade unions meeting those requirements, with decisions being made by the relevant representative majorities.
If this representation is not formed,the commission shall consist of three workers of the undertaking itself, chosen in accordance with Article 41.4 of the Workers’ Statute.
In any event, the representative committee shall be constituted within an unbreakable period of 5 days.
- the agreement to be reached may regulate the recovery of all or part of the working hours,the minimum notice that the worker must know the day and the time of the work or resultingbenefit, as well as the reference period for the recovery of undeveloped working time.
- If agreement is not reached during this consultationperiod, the undertaking shall notify the workers and the representative committee, within 7 days of the end of the consultation period, of the decision on the recovery of uns lent working hours during the application of this permit.
- The recovery of hours cannot result in non-compliance with minimum periods of daily and weekly rest, the establishment of a notice period lower than that set out in Article 34.2 of the Workers’ Statute, nor the exceeding of the maximum annual day and the rights of reconciliation of personal, work and family life shall be respected.
- Undertakings requiring the application of recoverable paid leave may, if necessary, establish the minimum number of staff or strictly essential work shifts in order to maintain the essential activity. This activity and this minimum of staff or shifts will have as reference the one maintained on an ordinary weekend or on public holidays.
Who can benefit from recoverable paid leave?
All employed persons providing services in companies or entities in the public or private sector, whose activity has not been paralyzed as a result of the declaration of alarm status, except for the following:
- Workers providing services in sectors qualified as essential.
- Workers providing services on divisions or production lines whose activity corresponds to sectors qualified as essential.
- Workers hired by those undertakings that have applied for or are applying a temporary suspension employment regulation file and those to which a temporary employment regulation (ERTE) suspension file is authorized during the term of the recoverable paid leave.
- Workers who are on temporary disability descent or whose contract is suspended for other legally provided reasons.
- Workers who can continue to perform their activity normally by telework or any of the non-face-to-face modalities of service delivery.
What activities are essential? Which working persons do not have recoverable paid leave?
We then reproduce the annex to the standard, with the relationship of working persons to which the recoverable paid leave does notapply.
The paid leave covered by this Royal Decree-law shall not apply to the following employed persons:
1. Those who carry out the activities to continue to be carried out after the declaration of the alarm status:
- Retail commercial activities of food, beverages, products and goods of first need, pharmaceutical, medical establishments, veterinary, optical and orthopaedic centres or clinics, hygienic products, press and stationery, automotive fuel, watertists, technological and telecommunications equipment, pet food, internet commerce, telephone or correspondence, dry cleaning, laundry and professional exercise of home hairdressing activity.
- Home delivery services in catering activities.
- Goods transport products in order to ensure the supply and delivery of products purchased in online, telephone or mail trade.
- Customs transit at entry points or border inspection points located at ports or airports
- Electricity supply, petroleum products, as well as natural gas
- Critical operators of critical services and infrastructures and those of companies and suppliers are essential to ensure the supply of the population and the essential services themselves.
2. Those working in activities involved in the market supply chain and in the operation of the services of market production of basic necessities and services,including food, beverages, animal feed, hygienic products, medicines, sanitary products or any product necessary for the protection of health, allowing the distribution thereof from origin to final destination.
3. Those who provide services in hospitality and catering activities that provide home delivery services.
4. Those providing services in the production and distribution chain of goods, services, sanitary technology, medical equipment, protective equipment, medical and hospital equipment and any other materials necessary for the provision of health services.
5. Those essential for the maintenance of the productive activities of the manufacturing industry that offer the supplies, equipment and materials necessary for the correct development of the essential activities listed in this list.
6. Those performed by transport services, both persons and goods,which continue to be carried out from the declaration of the alarm status, as well as those which must ensure the maintenance of the means used to do so.
7. Those who provide services in Prison institutions, civil protection, maritime rescue, fire prevention and prevention and extinction, mine safety, and road traffic and safety. In addition, those working in private security that provides transport,alarm response, round round or discontinuous surveillance, and those that need to be used for the performance of security services in guarantee of essential services and supply to the population.
8. The essentials that support the maintenance of the equipment and equipment of the armed forces.
9. Those of the health facilities, services and facilities,as well as caregivers, minors, dependents or persons with disabilities, and persons working in businesses, R&D&I and biotechnological centres linked to COVID-19, the animalists associated with them, the maintenance of the minimum services of the facilities associated with them and the companies providing products necessary for such research, and the persons working in funeral services and other related activities.
10. Those of animal health care centres, services and establishments.
11. Those providing services in press outlets and in publicly and privately owned media or news agencies, as well as in their printing or distribution.
12. Those of financial services undertakings, including banking, insurance and investment firms, forthe provision of services that are indispensable, and the activities of payment infrastructures and financial markets.
13. Those of telecommunications and audiovisual and IT services companies networks and facilities that support them and the sectors or subsectors necessary for their proper functioning, especially those that are essential for the proper provision of public services, as well as the functioning of non-face-to-face work of public employees.
14. Those providing services related to the protection and care of victims of gender-based violence.
15. Those who work as lawyers, solicitors, social graduates, translators, interpreters and psychologists and who attend procedural proceedings not suspended by Royal Decree 463/2020 of 14 March
16. Those who provide services in law firms and advice, administrative and social graduate managers,and services of others and own occupational risk prevention,in urgent matters.
17. Those who provide services in the notary and registrations for the performance of the essential services established by the Directorate-General for Legal Security and Public Faith.
18. Those who lend cleaning, maintenance, urgent breakdown repair and surveillance services, as well as providing services for the collection, management and treatment of hazardous waste, as well as urban, hazardous and non-hazardous solid waste, wastewater collection and treatment, decontamination activities and other waste management and transport and by-product recall services or in any of the entities belonging to the Public Sector.
19. Workers from Refugee Reception Centres and Temporary Immigrant Stay Centres and privately run public entities.
20. Those working in water supply, purification, driving, water purification and sanitation activities.
21. Those that are indispensable for the provision of meteorological forecasting and observation services and associated processes of maintenance, monitoring and control of operational processes.
22. Those of the operator designated by the State to provide the universal postalservice, in order to provide the collection, admission, transport, sorting, distribution and delivery services for the sole purpose of ensuring such universal postal service.
23. Those providing services in those sectors or subsectors involved in the import and supply of sanitary equipment,such as logistics, transport, warehousing, customs transit (transit) and, in general, all those involved in health corridors.
24. Those working on the distribution and delivery of products purchased in internet commerce, telephone or correspondence.
25. Any other services that have been considered essential.
If you have any doubts or need any clarification about the activities they can continue to work, and what are the non-essential ones that fall within the
so-known as Recoverable Paid Permit;
you can contact
of our advisors so we can help you.