New measures in the workplace

The government has issued RDL 9/2020, of March 27, on labour measures, among which the impossibility of using force majeure and the economic, technical, organisational and production causes due to the coronavirus to fire while the state of alarm lasts.

RD 9/2020 of Saturday, March 28, apart from other aspects related to health issues, has regulated the following points:

Interruption of the calculation of the maximum duration of temporary contracts during the State of Alarm in companies that have applied an ERTE for economic, technical, organisational and production reasons or due to force majeure, motivated by the effects of COVID-19.

Temporary contracts, including training, relief and interim contracts will remain in force until the end of the State of Alarm, extending for the same time that they would have been suspended.

Consequently, it will be necessary to be attentive to the expiration of this type of contract that may expire during the ERTE period or later.

Termination of ERTEs due to Force Majeure related to Covid-19 on the date that the term of the State of Alarm is decreed, regardless of the period indicated in the ERTE application.

Therefore, these files will not end in the period indicated in the application (usually one or two months), but at the time the State of Alarm ends, all regardless of whether or not there is a resolution of the Administration approving the file.

Layoffs prohibited while the crisis lasts

Prohibition of making dismissals for objective causes during the State of Alarm alleging force majeure, economic causes, organisational and production techniques.

Consequently, dismissals made from that date and until the end of the State of Alarm will be limited to other causes (unjustified dismissals or for other causes not included in the above).

Speeding up the procedure to communicate the data to the SEPE for the collection of unemployment benefits, establishing a period of five days from Saturday for companies in ERTE, or that have requested it to send the data of the workers to the SEPE, including bank account and telephone number, to process the benefit.

Establishment of a sanctioning regime and possible return of Social Security benefits or bonuses in case of incorrect application of the ERTE.

Limit to the duration of ERTEs

We remind you that the ERTEs related to Covid-19 will have as an end date when the State of Alarm ends, the prohibition of certain layoffs and the interruption of the deadlines for the termination of temporary contracts for companies in ERTE.

If you have any questions, contact us without obligation