Starting this Tuesday, May 5, domestic workers and temporary workers will be able to apply for the extraordinary unemployment benefits created by the Government during the coronavirus crisis. The Official State Gazette (BOE) published this Monday the resolutions of the State Public Employment Service (SEPE) detailing the procedure for requesting this aid, as well as the conditions for receiving it.
Both subsidies, approved at the end of March, were still awaiting these resolutions on the procedures to be able to request them, which had to be established within a month. Although the resolutions are dated April 30 and May 1, they have been published in the Official State Gazette and are effective as of Monday the 4th.
The most relevant questions for applying for both grants are summarized below.
Subsidy of 430 euros for temporary
The aid created for temporary workers is aimed at people who stopped working as of March 15, the day after the declaration of the state of alarm. There is no minimum contribution required, but there is a condition for access that the temporary contract has a duration equal to or greater than two months.
Procedure for processing
People who want to apply for this exceptional unemployment benefit must fill out the "individual benefit pre-application form" that is available at the SEPE electronic office and must send it to the agency through the SEPE website. The submission of said form completed with all the required data will have provisional application effects.
The deadline to send or submit the form will begin this Tuesday, May 5, and will end on the day on which "one month from the date the declaration of the state of alarm ends", both inclusive, expires.
The company in which the worker has terminated his contract must send the SEPE the Company Certificate if he had not previously done so, through Certific @ 2.
Conditions for receiving aid
The SEPE informs that "once the application has been formalized and the lack of income requirement has been accredited, it will be verified whether the worker meets the following requirements":
a) Be registered as a job seeker in the public employment services and sign the activity commitment.
During the validity of the state of alarm, registration as a job seeker will be carried out ex officio by the competent public employment service, at the request of the SEPE.
b) Not to receive any "minimum income, inclusion income, social salary or similar aid granted by any Public Administration".
c) Have ceased to work "involuntarily, as of March 15, 2020" in a temporary contract for someone else "during which there was an obligation to contribute due to the unemployment contingency and whose validity has been equal to or greater two months. "
d) Not be working full-time or self-employed on the date of the termination of the temporary contract or on the "birth of the exceptional subsidy".
When the aid is collected
Once the subsidy has been recognized, the payment of the financial aid will be made by the SEPE "from the month following that of the application." Its amount is 430 euros (80% of the IPREM), regardless of whether the previously terminated fixed-term contract has been full-time or part-time.
Its duration is only one month, expandable if the Government so agrees in a new decree and "it cannot be received on more than one occasion," the resolution stated.
Unemployment allowance for domestic workers
Domestic workers will also be able to request this Tuesday the extraordinary unemployment benefit due to the COVID-19 crisis, which gives them access to such aid for the first time, since these employees still do not currently have recognized right to unemployment. In their case, they also have access in case of reduction of their activity and it is compatible with the maintenance of other jobs.
It is important to highlight that the SEPE is given a period to respond to the request of a maximum of "three months" and also another detail: the agency will not contribute to Social Security for the worker during the receipt of the extraordinary subsidy.
Who can collect the aid
People who were registered as such in their special Social Security system before the start of the state of alarm (March 14) and are in any of the following will be beneficiaries of the extraordinary subsidy for lack of activity for domestic workers. situations:
a) They have stopped providing services, totally or partially, on a temporary basis, in order to reduce the risk of contagion, for reasons beyond their control, in one or more homes due to the health crisis of COVID-19.
b) Their employment contract has been terminated due to: a dismissal, due to the withdrawal of the employer (an almost free dismissal formula for domestic employees), due to death or any other cause of force majeure attributable to the employer that definitively precludes the provision of work. The key is that these causes that determine the termination of the contract "are beyond the will of the working person and are due to the health crisis of COVID-19".
The end of the contract or the reduction of activity must have occurred after March 14 and during the validity of the state of alarm.
The subsidy is compatible with the perceptions derived from self-employment or third-party work, "provided that the sum of the monthly income derived from the subsidy and the rest of the activities does not exceed the Minimum Interprofessional Salary".
The following are causes of incompatibility of the extraordinary allowance for lack of activity: being a beneficiary of the temporary disability allowance and having enjoyed the recoverable paid leave.
If the subsidy is lowered at any time by incurring any of the incompatibilities, "the beneficiary may reapply" as long as the term to do so continues. This new recognition "will not be possible if it had been extinguished by sanction."
Since when is the law generated
The right to the subsidy will be born "from the date in which the total or partial reduction of the activity occurs, or from the day the employment relationship ends." For these purposes, indicates the SEPE, "the effective date of birth of the right shall be understood to be the one stated in the responsible declaration signed by the employer when the causal event consists in the reduction of the activity, or the date of withdrawal from Social Security in the event of termination of the employment relationship. "
The duration of the payment of the subsidy will be extended "from the date of birth of the right to the last day of validity of the measure" (one month after the end of the state of alarm), "provided that the amount of the subsidy added to the income derived of the rest of compatible activities is not higher than the Interprofessional Minimum Wage ".
Amount of subsidy
The amount of this extraordinary aid due to lack of activity will be 70% of the regulatory base for work that has ceased to be performed, "being the daily regulatory basis for the benefit, the contribution base of the household employee corresponding to the month prior to causal event divided by 30 ", includes the resolution. It can never be higher than "the Interprofessional Minimum Wage, excluding the proportional part of the extraordinary payments".
In the event that there is only a partial loss of activity, the amount of the subsidy "will be received in direct proportion to the percentage of reduction in working hours" that exists.
When there are several jobs performed, for example in several homes, "the total amount of the subsidy will be the sum of the amounts obtained by applying to the different regulatory bases corresponding to each of the different jobs" 70%.
How long will the aid be charged
The extraordinary subsidy will be received for monthly periods from the date of birth of the right, being extended until the end of the measure, provided that the requirements to receive it continue to be met. "It will be paid on the 10th of each month at the bank provided in the application," says SEPE.
Obligation to return it if there is fraud
"The beneficiaries of the extraordinary subsidy who have received it improperly will be obliged to reimburse their amount," warns the public employment agency, which details that "those who, by action or omission, have contributed to making possible the improper perception of the extraordinary subsidy will respond subsidiarily with the recipients "of the obligation to repay the aid," except in good faith. "
The SEPE indicates that the beneficiaries of the subsidy must communicate any variation that occurs in their employment situation or in their remuneration from the presentation of the application and during the receipt of the subsidy, "at the same time that the variation occurs and within a maximum of 3 calendar days. "
"The lack of communication of these data, as well as the falsity, incorrectness or concealment of the information provided in the responsible statement of the employer or worker will mean the termination of the subsidy and the return of the amounts unduly received, in addition to the sanctions that may correspond. "
How to request the subsidy
The extraordinary subsidy must be requested by submitting the form available at the electronic headquarters (SEPE) duly completed. "The application shall be accompanied by the responsible declaration signed by the employer or persons, confirming that the information provided by the worker in the application regarding the employment relationship that binds them is true," states the resolution (PDF), which details the documentation that must be provided.
The presentation of the request will be made "preferably by electronic means through the electronic headquarters of SEPE". The deadline for requesting the subsidy begins this Tuesday, May 5, and will end "on the last day the measure is in effect," that is, one month after the end of the state of alarm, according to Royal Decree-Law 11/2020 in which the grant was approved.