Workers who provide services in companies and institutions, public and private, will enjoy a compulsory recoverable paid leave, between March 30 and April 9, 2020, both inclusive, except in those activities that have not been paralyzed by the declaration of the state of alarm. According to the royal decree that the Council of Ministers is going to approve, and to which ABC has had access, that permission will not be applicable to the following workers:
-Workers of companies engaged in activities that must continue to be carried out under articles 10.1, 10.4, 16 and 18 of Royal Decree 463/2020, of March 14.
-Workers of the companies that participate in the market supply chain and the operation of the services of the production centers of basic necessities, including among other foods, beverages, hygiene products, sanitary ware and pharmaceuticals, allowing the distribution of the same from the origin to the establishments.
-Workers of companies that must ensure the maintenance of the means of transport, both people and goods, that continue to develop since the declaration of the state of alarm.
-To the Armed Forces, the security forces and bodies, and workers of private security companies.
-Workers of health centers and care centers for the elderly, dependent and disabled people referred to in article 1 of Royal Decree-Law 9/2020, of March 27, as well as people working in research centers where projects related to Covid-19 are being developed.
– Household employees and caregivers whose employers or employers work in essential services.
-Working people who provide services at press outlets and in public and private media, as well as in printing or distribution.
-Workers of insurance and financial services companies.
-Working people in the electro-intensive, steel and mining industries.
-Workers of companies dedicated to the manufacture of lead batteries as well as any other materials necessary for health care.
-People who work in plant activities with a continuous production cycle or whose interruption leads to serious damage to the facility itself or to the risk of accidents.
-People working in the defense and aerospace industry, as well as other activities of strategic importance to the national economy.
-Workers of telecommunications companies and essential computer services.
-Workers of companies essential services related to the protection and care of victims of gender violence.
-Working people who provide services in essential activities for the management of public benefits, subsidies and legal and regulatory aid.
-Working people who provide services in administrative agencies and social graduates, consultancies, professional offices, third-party and own services for the prevention of occupational risks and, in general, those dedicated to the activity of legal, tax, business and socio-labor advice.
-Workers of the essential justice services.
-Workers of funeral services.
-Working people who provide cleaning and maintenance services in the companies listed in the previous sections.
-Working people who are already providing remote services, unless otherwise agreed between the employer and the legal representation of the working people through collective bargaining or, in the absence of such representation, the working people themselves.
-Working people who are temporarily disabled on the days indicated in section 1, as well as those whose contract is suspended for other legally established reasons, including those provided for in sections d) and e) of article 45.1. dye of the Royal Legislative Decree 2/2015, of October 23, which approves the revised text of the Workers’ Statute Law.
-The union and employer activity to provide service to companies and working people will also be considered an essential service.
The royal decree stresses that this permit will mean that workers they will keep the right to the remuneration that would have corresponded to them if they were rendering services on an ordinary basis, including base salary and salary supplements.
The recovery of working hours can be made effective from the day following the end of the state of alarm until December 31, 2020. This recovery must be negotiated in a consultation period open for this purpose between the company and the legal representation of the working people, which will have a maximum duration of 7 days.
Neither in casualties nor ERTE
Nevertheless, will not apply by companies when they are applying or requesting a temporary employment regulation file (ERTE), since this measure also allows for an adequate response to the need to further restrict the mobility of people. Companies, where appropriate, that have only reduced a percentage of the activity, with the processing of the corresponding ERTE to reduce the working hours of the working people, will be able to combine both measures.
In no case may the recoverable paid permission be applied to people who are temporary disability leave or whose contract is suspended for other legally established causes, or those for which the development of the activity in the remote work modality is possible, in accordance with the provisions of article 5 of Royal Decree-Law 8/2020, March 17.