The
economic measures included in today’s Royal Decree Law are a first
package of urgent measures, which will take effect immediately. But these will
not be the last measures.
This afternoon I will have a
videoconference, as you know, with the Social Agents, specifically with the
leaders of the main unions and employers, to explain the measures adopted and
discuss with them other possible necessary actions, which would be approved in
the following days, such as benefits for working families for the care of children
due to the closure of the educational centres to which I have previously
referred (or others such as internal adjustment measures for staff to protect
employment or temporary postponements of social contributions for PYMES).
Naturally, the economic response to this
emergency would be facilitated if we could already count on new General
State Budgets, which are increasingly urgent. Some General Budgets that
will have to be no longer social, because they will have to alleviate the
ravages of an emergency that is sanitary but is also economic. If new budgets
were necessary a month ago, the crisis we are going through makes them urgent.
IN THE TAX FIELD
- Deferrals
and instalments of your tax debts with the Administration for a period of six
months, without interest. In other words, we are going to grant deferrals of
their tax debts with the Administration for 6 months without interest
- Deferral
of repayment of loans from the Ministry of Tourism, Industry and Commerce to
industrial companies
IN
THE SCHOOL FIELD
Cancellation
of educational activities (kindergartens, schools and universities) and
encouraging distant and online training.
IN
THE WORK FIELD THE FOLLOWING IS RECOMMENDED
- Promotion
on behalf of the companies to carry work out by teleworking.
- Preparation
and updating, when appropriate, of business continuity plans of the company
where the updates to be carried out due to the situation originated by the
coronavirus.
- Promotion
of flexibility of hours and staggered shifts
- Teleconference
meetings are better alternatives to conventional meetings.
IN
THE TRANSPORT FIELD
- Avoid
trips which are not essential.
IN THE SANITARY FIELD
- All
people who start having respiratory symptoms and / or fever should remain at
home, avoiding going to their workplace and health centres as long as their
clinical condition allows it.
- All
elderly people or those who suffer from chronic or multipathological diseases
or with states of congenital or acquired immunosuppression, should avoid
leaving their home or residence except in cases of strict need and, in any
case, should avoid crowded places where it is not possible maintain an
interpersonal safety distance of at least one meter.
- Promote
home care for the elderly.
- Restriction
of access to the patient’s companions in hospital emergencies and social and
health centres. It is recommended to reduce visits to elderly people who are in
social and health centres.
IN THE LEISURE FIELD
- All
cultural events and activities involving more than 1.000 assistants in closed
spaces will be cancelled.
- All
cultural events and activities involving less than 1,000 assistants must reduce
their capacity to 1/3 to ensure a distance of at least 1 meter between
assistant.
- All
national and international sports events, professional and non-professional,
will be held behind closed doors or cancelled.
- Suspend
Imserso travel for one month, as they are the most vulnerable group to this
disease, our elderlies, and we have established that all major sporting events,
professional and non-professional, in national or international competitions,
are held behind closed doors in all our country.
IN THE WORK FIELD
- Expanding
the Social Security bonuses in discontinued fixed contracts, so that these
bonuses now cover the months of February to June 2020.
- Infected
people – or in preventive isolation – are considered to be temporarily disabled
due to professional contingencies. This implies that, from the day following
the sick leave, these people receive 75% of the regulatory base charged to the
Public Administration.
- Recommend
teleworking to avoid displacement. Or, in the case, the organization of
staggered shifts in companies to reduce concentrations of people and the
consequent risk of infection.
Given the economic-labour-work measures
that the President of the Government has communicated after today’s
Extraordinary Council of Ministers, it seems that the most effective measure
that the company will have to do will be the processing of the CRISIS file consisting
in the suspension of employment contracts of its workers temporarily.
This file is better known as ERTE- Temporary Business Regulation File.
The ERTE allows various actions, such
as:
- Suspension
of employment contracts temporarily. They go on to collect unemployment benefit
(PARO)
- Reduction
of the working day and jointly share with the SOIB the payment of the wages
with the payment of the employment subsidy (PARO).
- Negotiate
new salary conditions (salary reduction without touching the working day).
- Dismissal
of Workers for economic reasons.
PROCEDURE
Documentation for temporary suspension
of employment contracts or reduction of working hours.
The procedure begins by communicating
the opening of the consultation period through a letter from the employer to
the legal representatives of the workers, a copy of which will be sent,
together with the communication, to the Labour Authority.
The
consultation period with the legal representatives of the workers will last no
more than 15 calendar days (if there is an agreement between the workers and
the company, the process can be started immediately)
COMMON
DOCUMENTATION TO ALL PROCEDURES FOR SUSPENSION OF CONTRACTS OR REDUCTION OF
WORKING HOURS
A) Official forms duly completed,
specifying the causes of the suspension of contracts or reduction of working
hours.
B) Official annexes of affected workers
duly completed, indicating their number and professional classification, for
the purposes of their future referral to SEPE. When the regulation file affects
more than one work centre, this information must be broken down by centres, and
in the case, province and Autonomous Community.
C) Number and professional classification
of workers regularly employed in the last year. When the regulation file
affects more than one work centre, this information must be broken down by
centres, and in the case, province and Autonomous Community.
D) Power of Attorney that proves the
legitimacy of the representative who formulates the communication on behalf of
and representing the company. In the event that it is a natural person, D.N.I.
of the person making the communication.
E) Specification and detail of the measure
of suspension or reduction of working hours.
F) Criteria taken into account for the
appointment of the workers affected by the suspension or reduction measure.
G) Report explaining the cause of the
suspension or reduction of working hours of the contracts.
H) Documentation accrediting the
conjunctural situation of the company’s activity.
I) Information on the composition of the
workers’ representation, as well as the negotiating committee for the
procedure, specifying in the event of several work centres affected if the
negotiation is carried out globally or differentiated by work centres.
Likewise, the work centres without unitary representation and communication
document referred to in the section must be informed. 4, Art. 26, Royal Decree
1483/2012, of October 29, or, where appropriate, minutes relating to the
attribution of representation to the commission mentioned in the aforementioned
provision.
J) Request for a report to the legal
representatives of the workers, in accordance with letters a) and b) of
section. 5, Art. 64, Statute of Workers.
K) Accredit delivery of the documentation
collected in Art. 17, Royal Decree 1483/2012, of October 29th.
