As described in its Statement of Motives, the objective of this regulation is to modulate the extraordinary and exceptional measures provided for in RD Law 8/2020 and the I Agreement in Defense of Employment (I ASDE), whose validity initially ended on June 30 from 2020; This regulation extends its effects, but adapting it to the current moment in which the de-escalation phase has been different in the various territories, while maintaining the forecast that new activity restrictions will be established for strictly health reasons.

Measures in relation to ERTE due to force majeure:

Article 1 maintains the provision that it is the company that disaffected its workers based on their needs,prioritizing adjustments in terms of reduction of working hours.

The obligation to notify the labor authority of the total resignation to the authorized ERTE, as well as the modifications to the SEPE, is maintained.

The following are introducedprohibitions, which will be subject to sanction by the acting inspection: working overtime; outsourcing of the activity and prohibition ofnew hires, whether direct or indirect.

Exception:when workers lack education, training or other objective and justified reasons to carry out the functions entrusted to them, after informing the RLT.

Measures in relation to ERTE for economic, technical, organizational or production reasons (ETOP):

• A current ERTE can be processed due to force majeure.
• If it starts after the end of this, its effects will be retroactive to its end date.
• The ETOP files in force on the date of entry into force of this RD Law, will be applied in their own terms and on the date stated in them.
• The same prohibitions are maintained as in the cases of ERTE due to force majeure and with the same sanctioning effects for the active inspection.

Extraordinary unemployment protection measures

Article 3 establishes the following measures:

one) Maintenance of unemployment for workers affected by ERTE, until September 30, 2020.

two) This forecast will also apply to companies that, as of July 1, 2020, are prevented from carrying out their activity due to the adoption of new restrictions or containment measures.

3 ) For discontinuous permanent workers, said measure will be applied until December 31, 2020.

Extraordinary contribution measures

one) In the ERTE of force majeure , the exemptions are in the following percentages and conditions:

to) Workers who restart your activity as of July 1, 2020 or earlier: 60% for the months of July, August and September 2020 in companies with less than fifty workers and 40% in companies with fifty or more workers (with the requirement of discharge on February 29, 2020).

b) Workers who continue with their suspended activity as of July 1, 2020: 35% in the months of July, August and September for companies with less than fifty workers and 25% in the companies with the highest number (with the same registration requirement).

two) For the ERTE ETOP , the exemption of fees will be in the following terms:

to) Workers who restart your activity as of July 1, 2020: exemption from 60% for the months of July, August and September in companies with less than fifty workers and 40% in the same period in companies with fifty or more workers.

b) Workers with suspended activity Between July 1 and September 30, 2020: 35% in the months of July, August and September for companies with less than fifty workers and 25% in the companies with the largest number.

3) The listing exemptions They will be applied by the General Treasury of the Social Security at the request of the company, with the fulfillment of certain requirements, maintaining the so-called “responsible declaration”.

Employment safeguard measures

The art. 6 maintains the commitment to maintain employment for ERTE of force majeure. It is extended to those companies that apply in ERTE ETOP and benefit from the quota exemption measures (in this case, the 6-month period is computed from the effective date of this regulation).

Employment safeguard measures

Until September 30, 2020, neither force majeure nor ETOP causes will justify the termination of the employment contract or dismissal.

Until the same date, the suspension of temporary contracts, including training, relief and interim contracts is maintained; This implies the interruption of the computation, both of the duration of these contracts, and of the reference periods equivalent to the suspended period.

Exemption in the contribution to self-employed workers

For the self-employed worker who has been receiving extraordinary benefits for cessation of activity as of June 30, the following contribution exemptions are established:

to) 100% of the contributions corresponding to the month of July.

b) 50% of the contributions corresponding to the month of August.

c) 25% of the contributions corresponding to the month of September.

The contribution exemption is incompatible with the benefit for cessation of activity.

Presentation for cessation of activity and self-employment

The benefit for cessation of activity may be requested (ex art. 327 of the LGSS), provided that the turnover during the third quarter of 2020 is 75% in relation to the same period of 2019 and no net income has been obtained over € 5,818.75.- in the third quarter of 2020.

The provision will be in charge of the mutual collaborators or the Social Institute of the Navy, where appropriate, being able to obtain from the Ministry of Finance the tax data for the years 2019 and 2020 necessary for the monitoring and control of the recognized preferences, with the prior consent of the interested.

Extraordinary cessation of activity benefit for seasonal workers

Article 10 establishes the seasonal freelancer concept as the one whose only job over the last two years had been carried out in the Special Regime for Self-Employed Workers or in the Special Regime for Sea Workers during the months of March to October, remaining registered for at least 5 months in said period.

You may not exceed 120 days as an employed person in the years 2018 and 2019.

Amount of the benefit: 70% of the minimum contribution base that corresponds to the activity carried out.

Maximum duration: 4 months, the application must be submitted before July 15.

Incompatibilities: With self-employment, with any benefit that the beneficiary has been receiving and with self-employment when income during 2020 exceeds € 23,275.

Temporary transition and support measures regarding contributions

1) Total force majeure As of June 30, 2020, the following exemptions may apply:

- 70% in the month of July, 60% in the month of August and 35% in the month of September (company with less than fifty workers, with the requirement of registration on February 29, 2020).

- fifty% in the month of July, 40% in the month of August and 25% in the month of September (company with more, with the requirement of registration on February 29, 2020).

two) If they are adopted new restriction or containment measures : Companies may process an ERTE in accordance with the provisions of art. 47 of the Workers' Statute, benefiting from the following exemptions:

- 80% During the closing period and until September 30, 2020 (for companies with less than fifty workers and registration requirement on February 29, 2020).

- 60% During the closing period and until September 30, 20202020 (for companies with less than fifty workers and registration requirement on February 29, 2020).

List of relevant court rulings in labor matters arising from Covid-19

Mesures laborals adoptades en el marc del RDLEY 30/2020, 29 setembre

La persistencia de la crisis sanitaria derivada del Covid-19 ha provocado enorme densidad normativa, con remisiones cruzadas a normas que han sido modificadas en diversas ocasiones, lo que implica una gran dificultad a la hora de interpretar y, como no, aplicar la norma jurídica.