COVID-19 and work accident: difficult business challenge

The health crisis derived from COVID-19 has meant a change in labor relations, appearing completely unknown figures, at least in their nomenclature, due to social law (remember the misnamed “recoverable paid leave”, which created so much confusion in the legal field).

Without going into assessing the legislative technique used by the executive branch, which would give us more than a few brief lines as we intend in this article, the truth is that there have been various Royal Decrees Law (for now, we have 9) whose common denominator, in addition of an extensive Statement of Motives, are the principles of necessity, effectiveness, proportionality, legal certainty, transparency, and efficiency.

One of these measures, welcomed in principle favorably by specialists in labor matters, was the one contained in the Art. 5 of RD Law 6/2020, of March 10, by which certain urgent measures were adopted in the economic sphere and for the protection of public health (two days after crowds in public or private places, already open or closed) and Under which the periods of isolation or contagion of workers caused by the COVID-19 virus were considered a work accident, all of this for the sole purposes of Social Security benefits.

Such consideration meant dispensing with the grace period required for cases of common illness, as well as that the benefit derived from temporary disability as a result of suffering from the disease due to COVI-19 or its symptoms, was received from the same day of sick leave .

As of the date the RD-law is published in the BOE, and the virus having already reached all the Autonomous Communities, Spain had a figure of 36 deaths and more than 1,600 positive cases (https://www.redaccionmedica.com/eventos/@CoronavirusUltimaHora).

After the situation of confinement of the population and the adoption of public health measures, which have altered the normality in the development of social, economic and productive relations, the Executive recognizes that the suspension of all non-essential activities and the limitations to performance of many others, have generated a significant increase in temporary unemployment and a reduction in the activity of SMEs and the self-employed, which has been especially marked in the tertiary sector and, in particular, in tourism and hospitality, two of the economic engines of the economy. country.

For this reason, certain urgent measures of a temporary nature are adopted in April, in order to establish a series of provisions on agricultural employment that meet the triple objective of supplying the markets, maintaining the income of the population. needs it the most and of agricultural activity and sustainability and the improvement of the population's socio-labor conditions (ensuring improvements in income for people in unemployment or cessation of activity), measures included in the
RD-Law 13/2020, of April 7 , by which certain urgent measures are adopted in the field of agricultural employment.

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