URGENCY COMMENT OF ROYAL DECREE LAW 24/2020, OF JUNE 26, ON SOCIAL MEASURES FOR THE REACTIVATION OF EMPLOYMENT AND PROTECTION OF SELF-EMPLOYMENT AND COMPETITIVENESS OF THE INDUSTRIAL SECTOR
RD Law 24/2020 on social measures to reactivate employment and protection of self-employment and competitiveness in the industrial sector, which ranks eighteen among those who have contained socio-labor matters during this health crisis derived from COVID 19, is the result of a social dialogue agreement (the II Agreement in Defense of Employment (II ASDE), reached between the Government and the social partners.
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 of 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 disables 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 introduced prohibitions, which will be subject to sanction by the acting inspection: working overtime; outsourcing of the activity and prohibition of new 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 DUE TO ECONOMIC, TECHNICAL, ORGANIZATIONAL OR PRODUCTION CAUSES (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 therein.
- 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 MEASURES OF PROTECTION FOR UNEMPLOYMENT
Article 3 establishes the following measures:
1) 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, this measure will be applied until December 31, 2020.
EXTRAORDINARY MEASURES IN QUOTATION MATTERS
1) 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 fewer 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 workers or more.
b) Workers with suspended activity between July 1 and September 30, 2020: 35% in the months of July, August and September for companies with fewer 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 date of entry into force of this regulation).
VALIDITY OF PREVIOUS 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; 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 QUOTATION FOR 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.
BENEFIT DUE TO CESSATION OF ACTIVITY AND SELF-EMPLOYED WORK
The benefit may be requested for cessation of activity (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 the year 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 2019 and 2020 years necessary for the monitoring and control of the recognized preferences, with the prior consent of the interested.
EXTRAORDINARY BENEFIT OF CESSATION OF ACTIVITY 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 employed work, with any benefit that the beneficiary has been receiving and with self-employment when the income during the year 2020 exceeds € 23,275.
TEMPORARY MEASURES OF TRANSITION AND SUPPORT IN QUOTATION MATTERS
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 July, 40% in August and 25% in September (company with more, with registration requirement 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).
Nieves Rabassó
Lawyer.- Economist
Head of the Labor Law Department of the Alonso-Cuevillas Law Firm
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