Labour measures included in RDL 15/2020 were approved. These measures are in addition to those already announced in previous decrees. They are summarized below by the experts of our Legal and Labour Consulting Department.
Labour measures included in RDL 15/2020
Extension of the possibility of initiating ERTE due to major force for non-essential activities
Those companies whose activity must be maintained because it is considered an essential service may initiate an ERTE due to major force. With respect to that part of the staff that is not effectively occupied or that is not necessary for the provision of the essential service.
Deferral of social security debts
Companies and self-employed workers, provided they have no other deferral in place, may request a deferral of payment of their Social Security debts for which the statutory period of payment is between April and June 2020, under the terms and conditions established in the Social Security regulations, but with the following particularities:
- The applicable interest rate will be 0.5%.
- Requests for deferment must be made within the first ten days of each entry period..
- The deferment (granted by means of a single resolution) will be amortized in monthly payments and during a period of four months for each monthly payment requested (not exceeding 12 monthly payments).
Legal situation of unemployment
It is established that it will be considered as an unemployment situation:
- Termination of employment during the trial period (at the request of the company) from 9 March 2020.
- Those workers who voluntarily terminated their last employment relationship as from 1 March 2020, because they had a firm commitment to sign an employment contract by another company, if the latter had withdrawn from the contract as a result of the crisis arising from COVID-19.
Availability of pension plans
The rules are established for the availability of consolidated rights in pension plans by those who meet any of the requirements established in RDL 11/2020 (namely, a) be legally unemployed by ERTE as a result of COVID-19, b) be an employer who owns an establishment that has been compulsorily closed as a result of the state of alarm, or c) be self-employed workers who have ceased their activity as a result of COVID-19).
Members of pension plans of the individual and associated systems, and members of pension plans of the defined contribution or mixed employment system for those contingencies defined in the defined contribution scheme may apply to enforce their vested rights.