Real estate investments by British in the Balearics after Brexit
Since the United Kingdom left the European Union, the media filled their front pages with the following headline: The British will only be allowed to acquire property in the Balearics under military permit.
Although the abovementioned statement is true, it is not accurate. Pursuant to the Spanish Law 8/1975, of 12 March 1975, on areas and facilities of interest to the National Defence (hereinafter, the “Law”), in order to safeguard the interests of the National Defence and the security and effectiveness of its organisations and facilities, there are certain areas to which non-EU foreigners have restricted access to ownership.
The regulation implementing this law defines these areas as: islands, Cartagena, the Strait of Gibraltar, the Bay of Cadiz, the border area with Portugal, Galicia, the border area with France and the Spanish territories of North Africa.
In accordance with the Law and its implementing regulation, non-EU foreigners willing to acquire real estate in the areas described below are subject to the requirement of military authorisation. In addition, military authorisation will be required for Spanish companies when their share capital is owned by foreign individuals or legal entities in a proportion of more than 50 per cent, or when, even if this is not the case, the non-EU foreign shareholders have a situation of dominance or prevalence in the company, derived from any circumstance that makes it possible to prove the existence of a decisive influence by them in the management of the company.
Therefore, and contrarily to what might be thought, this restriction cannot be circumvented by the mere incorporation of one or more Spanish and/or foreign companies when their ultimate beneficial owners are, de facto, British.
As per the military authorisation, the applications for the acquisition of estates not exceeding 2,000 square metres in area, their granting will fall to the relevant General Captaincy; however, when it comes to estates exceeding 2,000 square metres in area, the application must be addressed to and will be processed by the Ministry of Defence.
In any case, it should be noted that both regulations provide for an exception to the above restriction. Military authorisation will not be required in the area occupied by existing urban centres or their existing built-up or expansion areas.
Hence, although this restriction affects the whole of the Balearic Islands (Mallorca, Menorca, Ibiza and Formentera), an exception is made, and therefore military authorisation will not be required, when non-EU foreigners acquire property in urban centres and built-up areas. In other words, the permit will only be required when British nationals intend to acquire property on rural land.
At this point, it is convenient to highlight the residence status in Spain that applies to them after the Brexit. Unless they apply for temporary or, where appropriate, permanent residence, British nationals must comply with the entry requirements established in the Schengen Borders Code, which allows them to stay in Spain for 90 days per 180-day period, either on one or several visits, and in which case they must identify themselves with their passport and will be exempt from visa requirements.
As an alternative, a few years ago the Spanish government introduced a special visa to attract foreign investment, which is commonly known as “Golden Visa”. Thus, the Golden Visa is a type of residence visa, suitable for non-EU citizens who undertake a real estate investment in Spain equal to or greater than € 500,000 free of charges or encumbrances, i.e. without mortgaging the property to be acquired. This visa allows both residing and working in Spain and has an initial duration of two years, which can be extended for another two. Moreover, it is possible to extend the visa to the spouse and children under 18 years of age, or children of full age who are objectively incapable of providing for their own needs.
Notwithstanding the above, British nationals may apply for temporary or permanent residence in Spain through the standard procedure. However, it should be borne in mind that, if so, their tax status would be affected, as they would be considered tax residents in Spain and, consequently, would be taxed on certain income in that country. Nevertheless, it should be noted that during their first years of residence in Spain they could benefit from the tax regulations known as the “Beckham Law”, which allows foreigners who move to Spain to be taxed as non-residents for a certain limited number of years.
Anyway, and going back to the subject matter, it is likely that the above-mentioned military regulation applies only for a limited period of time. Currently, citizens of countries that do not belong to the European Union but belong to the countries of the Single European Space or assimilated (Schengen Area), i.e. Iceland, Norway and Switzerland, are fully equated to nationals of EU countries and, accordingly, exempt from the need for military authorisation. It is therefore to be hoped that, in the not-too-distant future, the Spanish government will extend this status to the British and this obsolete regime of restricted access can be forgotten, at least as far as the British are concerned.
Marta Marina
Lawyer specializaing in commercial law and real estate law
SELF-EMPLOYED. DEADLINE FOR WAIVER OF THE COVID-ASSOCIATED STOPPED ACTIVITY BENEFIT ENDS 31 JANUARY 2021 (unless extensions are approved in the next few days).
Article 13 of Royal Decree-Law 30/2020, of 29 September on employment protection measures, anticipating possible breaches of the requirements for access to the benefit by the self-employed, established two aspects to be taken into account: the possibility for the interested party to renounce the benefit or its refund.
Thus, after setting a series of requirements such as being registered and up to date in the payment of contributions, not being entitled to the “ordinary” unemployment benefit, not having income from self-employed activity in the last quarter of the 2020 financial year that exceeds the minimum interprofessional wage, or suffering, in the fourth quarter of 2020, a reduction in income from self-employed activity of at least 50% in relation to the income in the first quarter of 2020; the regulation allows the self-employed who have applied for payment of the benefit to renounce it at any time, and to do so at the same time as the self-employed who have applied for payment of the benefit:
– To renounce it at any time before 31 January 2021, with the renunciation taking effect the month following its communication.
– To return the benefit for cessation of activity on their own initiative, without having to wait for a claim from the mutual society collaborating with the Social Security or the managing body, when they consider that the income received during the fourth quarter of 2020 or the drop in turnover in the same period will exceed the established thresholds with the corresponding loss of entitlement to the benefit.
SELF-EMPLOYED. FROM 1 MARCH 2021, ALL PROVISIONAL RULINGS WILL BE REVIEWED.
The mutual insurance companies are already reviewing whether the self-employed who have been receiving unemployment benefits since 2020 meet the requirements, they have verified or will verify this in different periods and could request the return of the benefits if they do not meet the requirements.
From 1 March 2021, article 13.2 of Royal Decree-Law 30/2020, of 29 September, empowers the mutual insurance companies collaborating with the Social Security, or the Social Marine Institute, as the competent bodies for the recognition of the benefit, to request from the Ministry of Finance the tax data corresponding to the year 2019 and 2020 of the self-employed workers who are granted this extraordinary benefit.
Once the data has been checked by the collaborating or managing entity competent to recognize the benefit, it will proceed to claim the benefits received by those self-employed workers who exceed the income limits established in this provision, or who do not accredit a reduction in turnover during the fourth quarter of 2020 of at least 75% in relation to the same period in 2019.
The competent entity for the claim will set the date for payment of the amounts claimed, which must be made without interest or surcharge. Once the deadline has passed, the General Treasury of the Social Security will proceed to claim the outstanding debt, with the appropriate surcharges and interest.
In this mutual insurance company verification form, the self-employed person must attach – as a general rule – the income and expenditure ledger that includes all the invoices corresponding to the months in which they received the benefit and which they must compare to verify the drop of 75% or more in turnover with respect to the six months prior to the state of alarm (from September 2019 to February 2020).
In any case, the documentation to be provided will be required by the form itself, once you have entered and chosen the parameters that identify your type of taxation. In the event that the interested party is not entitled to the benefit, the procedures for claiming the amounts unduly received will be initiated.
To this end, the aforementioned entities will issue a decision setting the amount to be reimbursed, which must be made without interest or surcharge within the period indicated in the notification to the interested party.
Once the period established in the decision has elapsed, the Social Security General Treasury will proceed to claim the outstanding debt, with the appropriate surcharges and interest in accordance with the administrative collection procedure established in Royal Decree 939/2005, of 29 July, which approves the General Collection Regulations.
The institution would require the self-employed to pay a minimum of 2,000 euros – corresponding to 661 euros per month for three months at 70% of the minimum contribution base – together with the exemptions from contributions for the same period of time, which would amount to around 800 euros – once again, in the case of paying the minimum contribution base.
The refund must be made at once and within a period of around 10 days.
There has been much news about the problems that Brexit is causing for some British citizens and, in particular, for the many expatriates living in Spain. The latest, echoed yesterday by the Evening Standard (see below), is about the difficulties of travelling from the UK to their places of residence in Spain. For this reason, we recommend that British people living in the Balearic Islands contact Moya & Emery to find out about the latest news, procedures and documentation necessary for their journeys or any other matter related to their residence in Spanish territory.
British expats have been reduced to tears after getting stuck in Heathrow, claiming that airlines have refused travel back to their Spanish homes post- Brexit.
One couple claimed they spent thousands on Covid-19 tests but airlines still rejected documents that before the Brexit transition period ended had been valid proof of the Britons’ status as residents in Spain.
Their ordeal comes amid heightened travel restrictions due to a coronavirus variant that has been blamed for faster contagion in the UK and highlights the bureaucratic complexities resulting from Britain’s departure from the 27-nation European Union.
Both Spanish and British authorities said on Sunday that the green-coloured certificate of EU citizenship with a foreign national identification number issued by Spain is still valid for British citizens residing in Spain under the bilateral provisions that followed the UK’s withdrawal from the trading bloc on December 31.
But the travelers say British Airways and Iberia have been refusing to let them board for the past two days.
The airlines, part of the IAG group, did not immediately respond to requests for comment.
Around 300,000 British citizens are registered as permanent residents in Spain, although before Brexit, many more had been living full or part-time in the country without officially registering.
Patricia Moody, a 69-year-old retiree who has called the southern Spanish town of Zurgena home for nearly four years, was among a group of at least nine people who say they were unable to board a Madrid-bound BA/Iberia flight from London’s Heathrow Airport on Saturday.
Ms Moody said she and her husband, who she says needs to see his doctor back in Spain, have spent £1,900 on getting tested for the virus, traveling to the airport and booking new tickets after they were refused boarding. Their second attempt was also futile.
“Throughout all the months of negotiating Brexit, we were always assured that nothing would change for us,” she said. Referring to the airlines and authorities in both countries, she added: “It’s horrendous and we are suffering because of their incompetence.”
Following the discovery of the coronavirus variant in the UK, Spain, like many other European nations, banned all travel from the British isles except for Spanish citizens and UK citizens with residency rights.
Spain has been rolling out a new system to register permanent foreign residents called TIE but it’s suffering a backlog due to the high number of requests.
Spain’s Ministry of Foreign Affairs said that under the circumstances both proofs of application for the TIE and the “green certificate” for EU citizens is still valid to travel for British residents under the new health restrictions in place until January 19.
“This should not be happening,” said the UK embassy in Spain in a Facebook post. “The Spanish authorities have today re-confirmed that the green residency document will be accepted for travel to return to Spain, as stated in our travel advice.”
The British Embassy in Spain added they were aware of Brits being barred from flights but had assurances from Spanish authorities that expats without the new Tie card would be able to travel in a seven day grace period from January 4.
But Sam Dakin, a 32-year-old English-language teacher based in Barcelona for the last four years, and his partner, who has been in the Spanish city for eight years, said they needed more assurances before they could rebook flights.
The couple had been blocked from flying Saturday morning despite carrying their certificate and then were refused boarding on another flight Saturday evening that British Airways had initially said they could take.
“Just because the government adviser said that we could travel, we don’t know whether that will happen when we turn up at the counters,” Dakin said. “We just don’t know where we’re going to get answers.”
Questions for family members, third-country Nationals, of a UK National
I already have my residence document
GENERAL QUESTIONS
What is Brexit?
Brexit is the name given to the process of departure of
the United Kingdom of Great Britain and Northern Ireland (hereinafter “United
Kingdom”) from the European Union and the European Atomic Energy Community
(hereinafter referred to as “EU”).
The UK’s exit from the EU took place on 31 January 2020
and the terms of the departure are defined in the Agreement
on the withdrawal of the United Kingdom from the EU negotiated by
both parties (hereinafter Withdrawal Agreement). The Withdrawal Agreement
entered into force on 1 February 2020 and provides for an orderly departure of
the UK from the EU.
To this end, the Withdrawal Agreement foresees a
transition or implementation period which expires on 31 December 2020.
Residence rights are regulated in Title II of the Withdrawal Agreement.
What do I have to do to be recognised as a beneficiary of
the Withdrawal Agreement in Spain?
To address the documentation process, the Withdrawal Agreement offers two possibilities:
(1) lay down a procedure of a constituent nature, in which a new residence status must be applied for in the host State (Article 18.1);
(2) Not to
apply this procedure meaning that UK nationals will not have to ask for a new residence status
as a condition for legal residence. In this case, those eligible for residence rights
under the Withdrawal Agreement shall have the right to receive a residence
document expressly identifying them as beneficiaries of the Agreement (18.4).
Spain has opted for this second option and it is therefore not mandatory to apply for a new residence document.
It should be kept in mind that registration certificates
and residence card to family members of a Union citizen obtained
before the end of the transition
period will serve to prove their legal residence in Spain afterwards and to
benefit from the provisions of the Withdrawal Agreement. However, as from
6 July, you may apply for the issuance of a residence document explicitly
mentioning your status as beneficiary of the Withdrawal Agreement.
For those arriving in Spain after 6 July and in order to
avoid double requests (certificate
of registration of a citizen of the EU and residence document) a procedure for issuing residence documents under the Agreement during
the transition period has been designed. Once this procedure is operational (6 July), applications for
registration certificates or residence cards for the family member of the Union
citizen submitted by the beneficiaries of the Agreement shall be processed as
applications for the residence document referred to in Article 18.4 of the Agreement.
What will be my situation during the transition period?
The Withdrawal Agreement provides a transition period until 31 December 2020.
During this transition period, United Kingdom nationals and their family members who are nationals of third countries residing in Spain shall maintain their rights arising from the application of EU law.
After the end of the transition period, the Withdrawal
Agreement sets out that their rights of residence, work, studies and social
security will be maintained.
It should be kept in mind that registration certificates and residence card to family members of a Union citizen obtained before the end of the transition period will serve to prove legal residence in Spain afterwards and to benefit from the provisions of the Withdrawal Agreement. However, as from 6 July, you may apply for the issuance of a residence document explicitly mentioning your status as beneficiary of the Withdrawal Agreement.
Having a certificate of registration in force is a
guarantee of your rights as a resident in Spain.
You can consult this European Commission document
containing questions and answers on who benefits from the Withdrawal Agreement
and what their rights are.
Who is covered by the Withdrawal Agreement?
The Withdrawal Agreement protects United Kingdom
nationals residing in Spain at the end of the transition period, as well as
their third-country relatives, being members of the family before the end of
the transition period (except for future children) (see question 3.3).
What are the advantages of being recognised as a
beneficiary of the Withdrawal Agreement?
Both Brexit and the Withdrawal Agreement make it necessary to know which UK nationals reside in Spain before
the end of the transition period and which ones arrive after that date.
This is because the former, those who reside in Spain
before 31 December 2020, will have the rights of residence, free movement and
social security recognised by the Withdrawal Agreement. While those who arrive after that date will have different rights,
either those that recognise the future relationship between the EU and the
United Kingdom, or, in its absence, those recognised by Spanish law.
I have a registration certificate, can I still reside in
Spain?
Yes, you can continue to reside in Spain. In addition,
you and your family members may apply as from 6 July 2020 for the issuance of a
residence document explicitly mentioning your status as beneficiary of the Withdrawal Agreement, which will
facilitate both administrative formalities and the crossing of the external border.
What is my situation if I arrive
in Spain after the date of withdrawal (31 January 2020) and in the
middle of the transition period (1 February 2020-31 December 2020)? What do I
have to do?
The Withdrawal Agreement provides a transition period
until 31 December 2020.
As from 6 July, the procedure for obtaining the residence
document of Article 18.4 of the Agreement will be enabled. Therefore, if you
arrive from that date on, you must apply directly for the residence document at
the Inmigration Offices of the province
in which you reside. It will be verified that you meet the same requirements
demanded for obtaining the Union
citizen registration certificate. Once this residence document has been
obtained, it will be issued (in format Foreigner’s IdentityCard (TIE)) which
will explicitly mention your status as beneficiary of the Withdrawal Agreement.
If you have already obtained Spanish nationality you
will not need to do any formalities.
Will United Kingdom nationals residing in Spain obtain a
work permit to continue their professional activity in Spain?
No. The Withdrawal Agreement protects the rights of EU citizens
and British nationals, as
well as their respective relatives, to continue to live, work or study as they
do today and under the same essential conditions as under Union law. As a result, you will be able to continue working
as before without any additional permission.
Family members of a UK national, third-country nationals, resident
in Spain, do they have a special status?
Family members will maintain their family status throughout the transition period and thereafter.
I tried to get an appointment to get the residence
document, but there are no appointments available online, what can I do?
Due to the various phases associated with the Plan for
the Transition to a New Normality after the COVID crisis19, the number of
available appointments is gradually expanding.
Remember that, if you did not have a previous registration certificate or a Union citizen’s family card, the procedure may be requested here.
What will my situation be if I arrive in Spain after 1
January 2021? What foreign legislation applies to me?
Unless covered by the subjective scope of the Withdrawal Agreement , United Kingdom nationals entering Spain after 1 January 2021 shall be considered as third-country nationals. Therefore, the general immigration regime will apply to them, unless a future mobility scheme is negotiated within the framework of the future relationship being negotiated between the UK and the EU.
If I am a beneficiary of the Withdrawal Agreement, I am
in possession of a residence document issued on the basis of that agreement and
want to move to reside in another EU country,
can I do so?
The Withdrawal Agreement recognises the right to reside
in the host country, however future mobility will be subject to negotiations
within the framework of the future relationship between the UK and the EU.
Should there be a lack of agreement in this matter:
For short stays: the rules for short stays within the Schengen area
apply
For stays longer than 3 months, the national legislation
of each EEA shall apply.
If I have doubts, where can I get more information ?
In order to obtain the residence document, you must
request a prior appointment and submit your application personally to the
police establishments. The certificate will be replaced by the new residence
document that will be given to you within the time indicated by the office that
processed the card.
→ choose provincia→ trámites cuerpo nacional de policía(if it is posible tochoose) → choose Policia Exp tarjeta asociada al Acuerdo de retiradaciudadanos británicos y sus familiares.
Should I request it before 31 December 2020?
The procedure shall be operational from 6 July 2020, the date on which you may obtain a prior appointment to request the issue of this document.
Applications for the replacement of the registration certificate already in your possession may be raised at any time, including once the transition period is over.
2) I DON’T HAVE A REGISTRATION CERTIFICATE
Can I continue to reside in Spain?
Yes, but in order to facilitate administrative arrangements and
border crossings and your recognition as a beneficiary of the Withdrawal
Agreement, it is appropriate that you are in possession of the residence
document. It is recalled that, as from 6 July, in order to avoid double
requests, registration certificates will no longer be issued to United Kingdom
nationals and applications for such certificates will be understood and processed
as applications for the residence document.
If I arrive in Spain after 6 July and before the end of
the transition period, can I continue to apply for the EU registration
certificate? Or should I apply directly for this new residence document?
To avoid double requests, a system has been set up in which
applications for registration certificates will be understood and processed as
applications for this residence document identifying them as beneficiaries of
the Withdrawal Agreement.
How
do I get the residence document?
In order to obtain the residence document, you may have access to the new procedure established for this purpose by personally presenting the application, you or your representative, at the Immigration Office of the province (Oficina de Extranjería) in which you reside, or electronically.
Among
other requirements, you must prove that you resided in Spain before the end of
the transition period (e.g. through your registration certificate, rental
contracts, property ownership, employment contract, registration at a school).
This element will be more important if your application is submitted after the
transition period.
The
procedures are as follows:
first
You shall apply for the residence document at the Immigration Office of the province (Oficina de Extranjería) where you reside or will establish your residence. You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment. Go here→ choose provincia → trámites oficinas deextranjería (if it is posible to choose) → Trámite para la documentación de nacionales de Reino Unido (Brexit)
And you may also request it electronically. → click “continuar”
→ choose provincia and how you are requesting (for example:
acceso individual) → click “continuar
nueva solicitud” → choose “EX20 – Documento de residencia
Artículo 50 TUE para nacionales
del Reino Unido (emitido de conformidad con el artículo 18.4 del Acuerdo de
retirada).
Second
Once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.
To request your prior appointment: https://sede.administracionespublicas.gob.es/icpplus/index.html → choose provincia → trámites cuerpo nacional de policía (if it is posible to choose) → choose Policia Exp tarjeta asociada al Acuerdo de retirada ciudadanos británicos y sus familiares.
Should I request it within a maximum period of time?
The deadline for submitting the application will be 3 months from
your arrival in Spain.
How long will it take to get the residence document?
The deadline for deciding on your concession is three months.
And after that, you must request its dispatch within
one month of notification.
Can I apply for a residence document at any Immigration
office?
The application for the residence document must be made
to the Immigration Office of the province (Oficina de Extranjería) in which you
reside or where you are planning to establish your residence. Remember that you
can make the request electronically.
Can another person file the residence document
application in my place?
Requests to
Immigration offices may be made by a duly accredited representative.
On the other hand, the application for the issuance of the residence document (the physical card) to the police units must be made personally by the person concerned. Similarly, the collection must be carried out by the person concerned and presenting a valid and current passport.
INFORMATION ON DOCUMENTATION AND PROCEDURE
Should the required documents be originals or copies
(compulsed)?
The documents must be original.
If you apply electronically for the residence document
(procedure to be authorised for those who have not obtained a prior
registration certificate) you will provide
copies of it. It is recalled that an electronic signature system
must be in place in order to make the electronic application.
Is it necessary for me to prove my income?
Proof of sufficient income will only be required
if you do not have a previous registration certificate and do
not perform a professional or work activity in Spain.
Is it necessary for you to provide a criminal record
certificate?
You must not provide it together with your request.
However, the competent authority may verify the existence of a criminal record
and, where appropriate, refuse documentation on this ground considering it
would affect public policy.
If I arrive in Spain after 6 July, I
must request the document within 3 months of the entry date, what happens if I
submit the request later?
A sufficient additional time limit will be granted only
if sufficiently serious reasons (e.g. serious illness) are established. These
cases will be assessed individually by the Immigration Office.
While I get the new residence document, can I continue
working or studying in Spain?
Yes, I can.
What will be the cost of the new residence document?
The card fee must be paid, which
can be found on the website of the Ministry of the Interior.
During the procedure, will I be able to access the
processing status?
Yes, and if it is necessary to provide any additional documentation, it will be the administration itself that will contact you electronically or at your postal address. If you have provided an e-mail for notification purposes, please be aware of it.
What happens if an application is rejected? What will be
the deadlines for filing an appeal?
If your application is rejected, you may
file a complaint through administrative channels. The decision itself will tell
you the formalities relating to the appeal, deadlines, and to whom you must submit it. After this analysis in administrative proceedings, you will be able to go to court.
Have I been residing in Spain for more than 5 years, will
I be able to maintain or have access to permanent residence?
Yes, you will. However, obtaining a permanent residence document will require a procedure before the police unit (if you already have a temporary or permanent registration certificate) or taking two steps (if there is no registration certificate) at the Immigration Office and the police unit. Remember that procedures with Immigration offices (Oficinas de Extranjería) can be done electronically. Periods of residence prior to departure from the United Kingdom from the EU shall be taken into consideration.
QUESTIONS FOR FAMILY MEMBERS, THIRD-COUNTRY NATIONALS, OF A UK NATIONAL
Do family members of a United Kingdom national, third-country nationals, resident in Spain, have a special status?
Family members are beneficiaries of the Withdrawal Agreement and are therefore entitled to obtain the residence document under article 18.4.
If they are in possession of a residence card for a
family member of the EU citizen, they may apply to the police authorities for
it to be replaced by the residence document.
If, on the other hand, they do not have a family
member’s card of a citizen of the Union or have had it, but they have been
resident in Spain for more than five years without having
access to the permanent card, they may apply
to the Immigration office (Oficina
de Extranjería) in the province
where they reside for the
residence document, which will be
assessed individually and which, if resolved positively, will allow them to
request the issuance of the document.
What are the conditions for members of the UK family?
Family members of United Kingdom
nationals shall be beneficiaries provided that they satisfy one of the
following conditions:
Have resided in Spain before the end of the transition period and continue to reside here after this period;
Have not resided in Spain before the end of the transition period, but have a direct link with a national of the United Kingdom before the end of the transition period and, at the time when they are to be reunited with them, (e.g. with regard to spouses, dependent ascendants.
To be a first-degree consanguineous or adoptive descendant of a national of the United Kingdom and that the birth or adoption took place before or after the end of the transition period, in Spain or in a different place, provided that, at the time they are reunited with him, they are members of the nuclear or direct family as described in question 3.3 and meet one of the following conditions:
Both parents are nationals of the United Kingdom
One of the parents is a national of the United Kingdom and the other of Spanish nationality, or one of the parents is a national of the United Kingdom and has the right of joint or exclusive custody of the child.
Family members who have resided in Spain in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and who continue to reside there after that period.
Who are considered family members?
According to the definitions of the Withdrawal
Agreement, both the so- called nuclear
family and the so-called extended family should be taken into
account provided that the family relationship (marriage, registered partner,
long-term relationship, etc.) has been established before the end of the
transition period and is maintained when the right of residence is to be
exercised.
It is considered nuclear family as set out in the Withdrawal
Agreement:
The spouse
The partner with whom the UK citizen is in a union analogous to a conjugal union entered in a public register established for that purpose in a Member State of the European Union or in a State party to the European Economic Area, provided that such entry has not been cancelled.
Their direct descendants, and those of their spouse or registered partner
Their direct ascendants, and those of their spouse or registered partner living in their care
It will also apply to the extended
family, in the framework of the withdrawal agreement as follows:
Another member of the family, regardless of nationality, who does not fall within the above definitions and who, in the country of origin, is dependent on or lives with the EU citizen who has the right of residence on a principal basis, or where, for serious health reasons, it is strictly necessary for the citizen of the EU to take care of the family member’s personal care;
The couple with whom the citizen of the Union has a stable relationship, duly proven.
However, this will apply to members of the extended family whose application for entry and residence under the Withdrawal Agreement was submitted before the end of the transition period and whose procedure is pending after the transition period.
Are there other cases where other people can enjoy the
right of residence, for example, to care for a minor EU citizen?
Yes, there are. In addition,
Article 9(a)(ii) of the Withdrawal Agreement goes beyond the reference to persons actually
caring for another
person (such as a parent caring for a minor) and is
worded more openly, to allow its application also to persons other than those
actually caring for another person (e.g. also minor siblings who are actually
cared for by the same person or persons as the minor EU citizen).
Can future family members benefit from the Withdrawal
Agreement?
Future family members do not have residence rights under the Withdrawal Agreement, with the sole exception of future children (born or legally adopted by European Union citizens or UK nationals).
I HAVE A RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN
How do I get the residence document?
In order to
obtain the residence document, you must request a prior appointment and submit
your application personally to the police establishments. Your temporary or
permanent residence card to family members of a Union citizen shall be replaced
by the new residence document
which will be given to you within a period specified by the office that processed the card.
If
you have a temporary residence card to family members of a Union citizen, but
have already reached 5 years of residence in Spain, you will be able to access the new procedure established for
this purpose, by personally submitting the application, you or your
representative, at the Immigration office
of the province in which you reside
(Oficina de Extranjería), or electronically.
The procedures are as follows:
FIRST
You shall apply for the residence document at the Immigration office of the province where you reside or are going to establish your residence. You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment. Go here →choose provincia →trámites oficinas de extranjería (if it is posible to choose) → Trámite documentación nacionales terceros países familiares de nacionales de Reino Unido (Brexit)
—or electronically. →click “continuar” → choose provincia and how you are requesting (for example: acceso individual) → click “continuar nueva solicitud” → choose ““EX21 – Documento de residencia Artículo 50 TUEpara familiares de nacionales del Reino Unido (emitido de conformidad con el artículo 18.4 del Acuerdo de retirada)”
SECOND
Once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.
To request your prior appointment: https://sede.administracionespublicas.gob.es/icpplus/index.html→choose provincia →trámites cuerpo nacional de policía (if it is posible to choose) →choose Policia Exp tarjeta asociada al Acuerdo de retirada ciudadanos británicos y sus familiares.
Should I request it before 31 December 2020?
The procedure will be operational from 6 July 2020, when an
appointment can be made for the issue of this document.
Applications for the replacement of the residence card to family
members of a Union citizen that you already hold may be raised at any time, including at the end of the transition period.
Remember, however, that your residence card to family members of a Union citizen will remain valid until it expires and serves to prove your legal residence in Spain after the end of the transition period and therefore benefit from the provisions of the Withdrawal Agreement. Therefore, please apply for this residence document when your card is about to expire.
I DON’T HAVE A RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN
If I arrive in Spain after 6 July and before the end of
the transition period, can I continue by applying for the residence card to
family members of a Union citizen?
Or should I apply directly
for this new residence document?
To avoid double
requests, a system
has been deployed
in which applications for residence card to family
members of a Union citizen for beneficiaries of the Withdrawal Agreement will
be understood and processed as applications for this residence document
identifying them as beneficiaries of the
Agreement.
How do I get the residence document?
To obtain the residence document, you can access the new
procedure established for this purpose, personally presenting the application,
you or your representative, at the Immigration office (Oficina de Extranjería) of the
province in which you reside, or electronically
The procedures are as follows:
FIRST
You shall apply for the residence document at the Immigration office of the province where you reside or are going to establish your residence.
You can request it in person at the office (personally or
through a representative) but you must obtain a prior appointment. Go here →choose provincia →trámites
oficinas de extranjería (if it is posible to choose) → Trámite documentación
nacionales terceros países familiares de nacionales de Reino Unido (Brexit)
or electronically. → click “continuar” → choose provincia and how you are requesting (for example: acceso individual) → click “continuar nueva solicitud” → choose ““EX21 – Documento de residencia Artículo 50 TUE para familiares de nacionales del Reino Unido (emitido de conformidad con el artículo 18.4 del Acuerdo de retirada)”
SECOND
Once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.
To request your prior appointment: https://sede.administracionespublicas.gob.es/icpplus/index.html →choose provincia → trámites Cuerpo Nacional de Policía (if it is posible to choose) → choose Policia Exp tarjeta asociada al Acuerdo de retirada ciudadanos británicos y sus familiares.
Should I request it within a maximum period of time?
If you arrive from July 6, the deadline for submitting
the application will be 3 months from your arrival in Spain.
A sufficient additional time limit will be granted only
if sufficiently serious reasons (e.g. serious illness) are established. These
cases will be assessed individually by the foreign office.
How long will it take to get the residence document?
The deadline for deciding on your concession is three months.
And after that, it must request its dispatch within
one month of notification.
Can I apply for a residence document at any foreigner’s
office?
The application for the residence document must be made
to the Immigration Office of the province (Oficina de Extranjería) in which you
reside or where you are to establish your residence. Remember
that you can make the request electronically.
Can another person file the residence document
application in my place?
Requests to foreign offices may be made by a duly accredited representative.
On the other hand, the application for the issuance of the residence document (the physical card) to the police units must be made personally by the person concerned. Similarly, the collection of the same must be carried out by the interested party himself.
I ALREADY HAVE MY RESIDENCE DOCUMENT
Where can I renew the residence document that identifies
me as a beneficiary of the Withdrawal Agreement?
Residence documents that identify you as a beneficiary
of the Withdrawal Agreement may be renewed before the police units authorised
to do so when they have expired.
When should I renew the residence document that
identifies me as a beneficiary of the Withdrawal Agreement?
The residence document of beneficiary of the Agreement
must be renewed 30 days before the document
expires or within
90 days of the expiry date of the Agreement.
How long can I renew the residence document?
In cases where a temporary residence document is in
possession, a residence document shall be issued for 10 years, automatically
renewable every 10 years, and the term “Permanent” shall be entered in the
field corresponding to the Permission Type.
In cases where the person concerned holds a permanent
residence document, a residence
document shall be issued for 10 years,
automatically renewable every 10 years. Failure
to submit an application for renewal of the
residence document within the time limits laid down in paragraph 2 shall in no
case entail a loss of the right of permanent
residence.
What documentation do I have to provide?
Application form EX23.
Passport in force or copy of expired. If the passport is expired, a copy of the passport and the renewal application must be provided.
Proof-of-charge form (Model 790. Code 012). The paragraph “Certificate of Community resident registration or residence card of a family member of a Union citizen” should be marked.
1 photograph according to the requirements established in the regulations on national identity document.
Once I have a temporary residence document that
identifies me as a beneficiary of the Withdrawal Agreement, I have reached 5
years of legal residence in Spain before the document expires. Can I apply for
the permanent residence document?
Yes. Those
persons who have reached 5 years of legal residence in Spain may access
permanent residence (as established in Article 15 of the Withdrawal Agreement)
before the validity of the residence document issued expires.
If you started with a registration certificate or family
member card of a Union citizen, you
may request theissuance of a new residence
document from the police departments that are authorized to
issue it after verifying the duration of residence.
If, on the other hand, you did not have such a previous
certificate or card, the application will be addressed to the Immigration
office in the place where you reside (Oficina
de Extranjería), which, after assessing the application and if it is
approved, will allow you to apply for the issue of the document.
This new residence document will be valid for 10 years
and the term “Permanent” will be entered in the field corresponding to the Type of Permit.
There are numerous questions that generated the new
labor regulations related to the remedial measures of the effects of the
Covid-19 pickups, especially about ERTEs.
In front of the General Directorate of Labor -DGT-, the directive organ of the Ministry of Labor, any administrator can raise doubts about the application or scope of labor regulations. That is why that from Moya & Emery have collected some of those questions and the answers offered by the DGT setting its interpretive criteria and application guidelines.
Before the doubts planned about the interpretation of
the transition from total ERTE to partial ERTE in a RESTAURANT as a consequence
of the publication of RDL 18/2020, of May 27, the General Directorate of Labor has responded
to the following questions (you can have access to all responses with the full
text of the consultation with the DGT of 05-27-2020 , ref 726).
“1.- With the passage to Phase 1 of the de-escalation, the opening of
those bars and restaurants that have a terrace or outdoor space has been
allowed, allowing a maximum capacity of 50%, and guaranteeing the distance at
all times of security. This means that many businesses only available with
one, two or three tables L to provide the service. In this case,
given the reduced number of meals that can be offered, it is not profitable for
the business to open its premises in response to the new measures adopted with
the publication of Royal Decree-Law 18/2020, of May 12.
a) Do these businesses have the obligation to open to the public and
restart their activity, EVEN THOUGH YOU CAN ONLY OPEN A TABLE AND THAT
SITUATION?
b) Can it be considered that, as the government has allowed the opening
of such businesses, with the aforementioned restrictions, the cause of
force majeure that founded the ERTE carried
out disappears – even partially?
Both
questions can be answered as follows:
The
art. 1.2 of Royal Decree-Law 18/2020, of May 12, on social measures in
defense of employment, establishes the following:
“2. They
will be in force majeure partial derivative of the COVID-19, those companies
and entities with a record of temporary employment regulation authorized based
on Article 22 of Royal Decree-Law 8 / 2020 of 17 March, from moment
in which the causes reflected in said precept allow the partial recovery
of its activity, until June 30, 2020.
These
companies and entities must reincorporate the workers affected by
temporary employment regulation measures, to the extent necessary for
the development of their activity, prioritizing the adjustments in terms of
shorter working hours ”
In
this sense, the explanatory memorandum states that “In this way, companies
can recover all or part of their activity if, for the aforementioned
reasons, workers return to perform their tasks fully or partially, resigning or
modifying its application the unexceptional measures l is adopted at
a stage of interruption of business or more rigorous confinement, with the
only requirement to communicate, prior to the labor authority competent total renunciation
the same, and to the Public Service of State Employment those variations that
refer to the termination of the application of the measure with respect to all
or part of the people affected. ”
Therefore,
as deduced from this provision and as reiterated in the explanatory
memorandum of said royal decree-law, companies that have a temporary
employment regulation file authorized on the basis of article 22 of Royal
Decree-law 8 / 2020, of March 17, will be in a situation of partial force
majeure when two conditions are met:
1)
that the causes described in said precept, and for which reason
the different flexibility measures in the form of suspensions or
reductions in working hours were applied , allow the partial
recovery of its activity, until June 30, 2020 .
2)
that these companies reincorporate the affected workers , to the
extent necessary for the development of the activity, prioritizing
the adjustments in terms of shorter working hours.
It is the responsibility of the company to assess,
based on its particular circumstances, 1)
at what point in time the ERTE was authorized due to force
majeure, allow the partial recovery of its activity and 2) to what extent
the reinstatement of the affected workers, and in what percentage of your day
is necessary for the development of the activity.
“c) Can the decision not to open the business lead to the
return of all the contributions of the workers that have not been paid by the
exemption applicable to the ERTE due to Force Majeure?”
It
is understood that companies that have ERTES due to force majeure derived
from the COVID-19 authorized, will be in a situation of total or partial
force majeure as long as the company does not notify the labor authority
of the total resignation to ERTE. In the event that workers
have not been reinstated, the company will continue in a situation of
total force majeure .
On
the other hand, it should be remembered that the reimbursement of contributions
is linked to the obligation of commitment to employment provided in
the sixth additional provision of Royal Decree-Law 8/2020, in the
wording given by Royal Decree-Law 18/2020.
For
more information on the cases of return of the exonerated contributions, you
should contact the General Treasury of Social Security under the Ministry
of Inclusion , Social Security and Migration.
“d) If no opening for being a ruinous decision, or failure
to generate sufficient income to meet basic expenses, are we to understand
that the fact” to open “and the ERTE passes s er
part?”
“e) In that case, even if we cannot open due to being a deficit at
this time, would we have to pay (with
the corresponding exemption ) the social insurance of the
suspended workers?”
In
relation to these two questions, as has been said, only
when workers are reinstated to the extent necessary for the
development of the activity from the moment in which the force majeure
of the authorized ERTE allows the partial recovery of the activity, the company
will be in a situation of partial force majeure.
However,
questions about contributions must be raised before the Secretary of State
for Social Security and Pensions under the Ministry of
Inclusion. Social Security and Migrations.
“2.- Since the beginning of Phase O, some businesses have been allowed
to open, even partially, which is why many companies have been rescuing some of
the workers included in them from the ERTE.
a) Does the Royal Decree-Law apply retroactively to these
companies? If so, should the exemption percentages set out in the
aforementioned Royal Decree-Law be applied from the date of reinstatement of
the first worker? ”
For
labor purposes, the reinstatement of a worker included in the ERTE
entails the qualification of the company’s situation as “partial
force majeure” , regardless of whether it had occurred before the
entry into force of Royal Decree-Law 18/2020 .
But
this is understood without prejudice to the effects that may arise regarding
the application of Social Security regulations, about which the General
Treasury of Social Security, dependent on the Ministry of Inclusion ,
should be consulted . Social Security and Migrations.
“3.- With regard to the exemption percentages in the contributions
of workers in the cases of resignation from the partial ERTE established in
article 4.2 of Royal Decree-Law 18/2020, in the event of the rescue of a worker
at 50% of your working day, is it understood that I must contribute 15% of the
part corresponding to the 50% of the day in which the worker is actively
providing services, and 40% of the part corresponding to the remaining 50% of the
day? Or only 15% of the 50% of the day? Or 15% of the total
contribution base? ”
You
should ask the General Treasury of Social Security under the Ministry
of Inclusion. Social Security and Migrations.
“4.- In relation to article 1.3 of Royal Decree-Law
18/2020, is it only necessary to notify the Labor Authority of the renunciation
of the total ERTE, or also in cases of resignation of the partial ERTE?”
In
accordance with said art. 1.3, only the total resignation must
be communicated to the labor authority , which establishes that “The
companies and entities referred to in this article must communicate the total
resignation to the labor authority. in its case, to the file of temporary
regulation of authorized employment, within a period of 15 days from the date
of effect of that ·.
In
the same sense, the Explanatory Memorandum is pronounced by stating that not in
this way, companies can recover all or part of their activity if, for the
aforementioned reasons, workers return to perform their tasks fully or partially
, renouncing or modifying in its application the exceptional measures that were
adopted in a scenario of interruption of business activity or of greater rigor
in confinement, with the only requirement to communicate. in
advance. To the authority competent labor the complete surrender
to them, and the Public Employment Service State variations those relating
to l to completion of the implementation of the measure
in respect of all or part of those affected “.
“5.- In relation to article 4.3 of Royal Decree-Law 1812020, which
establishes that” for the exemption to be applicable, the communication
will be made for each contribution account code “, and for the case of a
company that has several businesses with different contribution account codes,
can the total ERTE be maintained in one business by not starting the activity
in it, and yet rescue part of the workforce in another business with a
different CCC that will restart its activity? All this taking into account
that everything has been processed in the same ERTE. And even more, the
same company, which has a part with a terrace that can open, and one
without a terrace that cannot open, can keep in the ERTE of Force Majeure the
staff of the establishment that does not have a terrace (since it still cannot
open in phase1)? ”
As
stated, the interpretation of art. 4 of Royal Decree-Law 18/2020
corresponds to the General Treasury of Social Security under the Ministry
of Inclusion. Social Security and Migrations.
“6.- In attention to the First Final Provision
Three, Safeguarding employment:” 3. This commitment to
maintaining employment will be valued based on the specific
characteristics of the different sectors and the applicable labor regulations,
taking into account, in particular, the specificities of those companies that
present high variability or seasonality of employment. ”
a) How should this paragraph be interpreted? Can certain exceptions
be applied to the hospitality sector as it is an activity conditioned by the
variability and seasonality of employment?
b) In what terms will seasonality be taken into account? Can I
communicate the end of the season to the discontinued landlines before the date
that is normally communicated to them?
c) In what terms should job maintenance be
calibrated ? Should the basic template to be maintained be the same
as in 2019? Taking into account the records of tourism, occupation,
reservation, etc.? Or can this basic template be relaxed, which must be
respected?
In a hotel, where there are employees exclusively assigned to the
swimming pool -for example · and the swimming pool is forbidden to open it, can
these people be subject to a 100% exemption for being prohibited and continuing
force majeure? Or all t orkers of the hotel, spend trading as
part ERTE?
In those cases, it is not a matter of billing, occupation or workload
(production), but there are parts of activity that are still prohibited and I
have no legal possibility to occupy them or to rescue them from ERTE. Can
I keep them 100% exonerated for continuing the ban? ”
It
has already been pointed out that the companies in which the two
conditions described above will meet in partial force majeure .
Questions
about the sixteenth additional provision of Royal Decree-Law 8/2020 in
the wording given by Royal Decree-Law 18/2020 should be asked before
the General Treasury of Social Security.
3.
Finally, it is recalled that the criteria set forth on the question raised is
not binding, but merely informative, as the Administration lacks
competence to make legal interpretations of that nature, which is exclusively
attributed to the courts.
The s other responses to the query raised DGT 05/27/2020 ( ref 733), which can
access the link to the document DGT 2 are as follows:
1. “Is the transition from full ERTE to partial ERTE (which
therefore affects the bonuses) mandatory by type of activity?”
The
art. 1.2 of the Real De creto-ley 18/2020, of May 12, on social
measures in defense of employment, establishes the following:
“2. Those
companies and entities that have a temporary employment regulation file
authorized on the basis of article 22 of Royal Decree-Law 8/2020, of March 17,
will be in a situation of partial force majeure derived from COVID-19, from the
moment in which the causes reflected in said precept allow the partial recovery
of its activity, until June 30, 2020.
These
companies and organizations should proceed to reinstate the
workers affected by measures of temporary employment regulation, to the extent
necessary for the development of its activity, giving priority adjustments in
terms of reduced working hours. “
In
this sense, the explanatory memorandum states that “In this way, companies can
recover all or part of their activity if, for the aforementioned reasons,
workers return to perform their tasks fully or partially, resigning or
modifying in its application the exceptional measures that were adopted in a
scenario of interruption of business activity or of greater rigor in the
confinement, with the only requirement of communicating, in advance, to the
competent labor authority the total resignation to the same , and to the Public
State Employment Service, those variations that refer to the completion of the
application of the measure with respect to all or part of the people affected.
”
Therefore,
as deduced from this provision and as reiterated in the explanatory memorandum
of said royal decree-law, companies that have a temporary employment regulation
file authorized on the basis of article 22 of Royal Decree-law 8 / 2020, of
March 17, will be in a situation of partial force majeure when two conditions
are met:
1)
that the causes described in said precept, and for which reason the different
flexibility measures in the form of suspensions or reductions in working hours
were applied, allow the partial recovery of its activity, until June 30, 2020
and
2)
that these companies reincorporate the affected workers, to the extent
necessary for the development of the activity, prioritizing the adjustments in
terms of shorter working hours.
It
is the responsibility of the company to assess, based on its particular
circumstances, 1) at what point in time the reasons for the ERTE being
authorized by force majeure allow the partial recovery of its activity and 2)
to what extent the reinstatement of the affected workers, and in what
percentage of your day is necessary for the development of the activity.
2. “What happens to the companies that based on the criteria
of the General Directorate of Labor (although not binding) and the statements
of the Minister of Labor, dated May 1, 2020, which indicated that it was
possible without problem to pass within an ERTE of Force Majeure from
suspension to reduction of working hours, have they done it before May 13? ”.
For
labor purposes, the reinstatement of a worker included in the ERTE entails the
qualification of the company’s situation as “partial force majeure”,
regardless of whether it had occurred before the entry into force of Royal
Decree-Law 18/2020 .
But
this is understood without prejudice to the effects that may arise regarding
the application of Social Security regulations, about which the General
Treasury of Social Security, dependent on the Ministry of Inclusion, Social
Security and Migration, should be consulted.
3. “The companies that initially requested a Force Majeure ERTE
with part of the workforce with suspension of working hours and part of
the workforce with reduced working hours and have not modified their activity
conditions, are they considered to be still in a situation of total ERTE Or
should we communicate that it is partial? ”
Companies
that continue to apply the authorized measures of suspension or reduction of
working hours, affect all or part of the workforce, to the extent that the
causes referred to in article 22.1 of Royal Decree-Law 8 / will continue in a
situation of total force majeure. 2020, prevent the restart of their activity
and, in any case, until June 30, 2020.
To
the extent that the two conditions described in question 1 are met, it will be
considered that these companies will enter a situation of partial force majeure
in accordance with art. 1.2 of Royal Decree-Law 18/2020.
4. “If an ERTE worker is recovered due to force majeure (either
going from suspension to reduction or joining full time from a reduction)
because it is observed that the activity may pick up, but it is subsequently
observed that it does not there is some workload, can it be totally affected
again in the ERTE of Force Majeure while it continues in force, provided there
is justification? ”.
Yes,
this will be possible until 30.6.2020 unless the company communicates the total
resignation to the labor authority.
3.
Finally, it is recalled that the criteria set forth on the question raised is
not binding, but merely informative, as the Administration lacks competence to
make legal interpretations of that nature, which is exclusively attributed to
the courts.
If you want to ask us your questions or queries regarding the Temporary Employment Regulation Files -ERTE S – or any other regarding labor regulations, you can seek our advice by contacting
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.
