Mandatory paid leave for all persons not providing essential services between 30 March and 9 April Approved by RDL 10/2020 of 29 March.
We clarify from our Labour Consulting Department which workers are affected by this regulation and who are exempted.
Mandatory paid leave for those who do not provide essential services
Mandatory paid leave, recoverable and limited in time between 30 March and 9 April (both included), is established. For all employed personnel who provide services in companies or entities in the public or private sector that carry out non-essential activities. These will retain the right to the remuneration that would have corresponded to them if they had been providing services on an ordinary basis, including basic salary and salary supplements.
The companies that have to apply it may establish the minimum number of staff or the shifts that are strictly necessary in order to maintain the essential activity, if necessary. Likewise, in those cases where it is impossible to immediately interrupt the activity, essential work may be carried out in order to order and paralyse the productive activity. In order not to irremediably or disproportionately prejudice the resumption of business activity.
Recovery of working hours
The recovery of working hours can be made effective from the day after the end of the alarm state and until December 31, 2020. After negotiation in a period of consultation opened for this purpose between the company and the legal representation of the workers. Which will have a maximum duration of seven days.
The representative committee, in the event that there is no legal representation of the workers, will be made up of the most representative unions of the sector to which the company belongs. And with legitimacy to be part of the negotiating committee of the collective agreement of application. In the event that this representation is not formed, the committee will be made up of three workers from the company itself. Elected in accordance with the provisions of article 41.4-RDL 2/2015, of 23 October, which approves the revised text of the Workers’ Statute Law.
The representative commission must be constituted within a non-renewable period of five days.
If no agreement is reached, the company shall notify the workers and the representative commission, within seven days of the end of that period, of the decision on the recovery of the working hours not worked during the application of this leave.
Workers whose contracts are suspended during this period are exempt from the application of this Royal Decree. And those who can continue to provide services remotely.
Exceptions to Mandatory Paid Leave
The following employees shall not be subject to paid leave. Those who carry out the activities that must continue to be developed under the protection of RD 463/2020, of 14 March, which declares the state of alarm for the management of the health crisis situation caused by the COVID-19 and the regulations approved by the Competent Authority and the Delegated Competent Authorities.
- Those who work in the activities that participate in the market supply chain and in the operation of the services of the centres of production of goods and services of first necessity. Including food, drinks, animal feed, hygiene products, medicines, medical devices or any product necessary for the protection of health. Allowing the distribution of these products from their origin to their final destination.
- Those who provide services in the hotel and restaurant activities that provide home delivery services.
Services related to Healthcare.
- Those that provide services in the chain of production and distribution of goods, services, health technology, medical material, protective equipment, health and hospital equipment and any other material necessary for the provision of health services.
- People essential for the maintenance of the productive activities of the manufacturing industry that offer the supplies, equipment and materials necessary for the correct development of the essential activities included in this Annex.
- Those of the health centres, services and establishments, as well as the persons who:
- care for the elderly, minors, dependent persons or persons with disabilities, and those persons who work in companies, R&D&I and biotechnology centres linked to COVID-19,
- the animalariums associated with them,
- maintaining the minimum services of the facilities associated with them and the companies supplying products required for such research, and
- persons working in funeral services and other related activities.
- Workers in animal health care centres, services and establishments
Related to health care activities
- Those who work in water supply, purification, conduction, potabilization and sanitation activities.
- Those who provide services in those sectors or sub-sectors involved in the import and supply of sanitary material. Such as logistics, transport, storage and customs transit companies (freight forwarders). In general, all those that participate in the sanitary corridors.
- Those that provide cleaning, maintenance, emergency breakdown repair and surveillance services, as well as those that provide services in the collection, management and treatment of hazardous waste. As well as solid urban waste, both dangerous and non-dangerous, waste water collection and treatment, and decontamination activities. And other waste management services and transport and removal of by-products or in any of the entities belonging to the Public Sector, in accordance with the provisions of Article 3 of Law 9/2017, of 8 November, on Public Sector Contracts.
Services related to Security.
- Those providing services in penitentiary institutions, civil protection, maritime rescue, rescue and fire prevention and extinction, mine safety, and traffic and road safety. Likewise, those working in private security companies that provide security transport, alarm response, patrol or discontinuous surveillance services. And those that must be used for the performance of security services to guarantee essential services and supply the population.
- Those that are indispensable and support the maintenance of the armed forces’ material and equipment.
- Professionals that provide services related to the protection and care of victims of gender violence.
- Those who work in the Refugee Reception Centres and in the Temporary Stay Centres for immigrants. And in the privately run public entities subsidized by the Secretariat of State for Migration and which operate within the framework of International Protection and Humanitarian Assistance.
Services related to transport, communication and logistics
- Those that carry out transport services, both for people and goods, that continue to be developed since the declaration of the state of alarm. As well as those who must ensure the maintenance of the means used for this purpose, under the regulations approved by the competent authority and the competent authorities delegated since the declaration of the state of alarm.
- Those of telecommunications and audiovisual companies and essential computer services. As well as those networks and installations that support them and the sectors or subsectors necessary for their correct operation. Especially those that are essential for the adequate provision of public services, and the operation of the non-presential work of public employees.
- Those that are indispensable for the provision of meteorological services of prediction and observation. And the associated processes of maintenance, surveillance and control of operational processes.
- Those of the operator designated by the State to provide the universal postal service. In order to provide the services of collection, admission, transport, classification, distribution and delivery for the exclusive purpose of guaranteeing this universal postal service.
- Those involved in the distribution and delivery of products purchased in the Internet, telephone or mail trade.
- Those providing services at press outlets and in public and private media or news agencies. As well as in their printing or distribution.
Financial and legal services
- Those of financial services companies, including banking, insurance and investment companies. For the provision of services that are indispensable, and activities relating to payment infrastructures and financial markets.
- Those who work as lawyers, solicitors, social graduates, translators, interpreters and psychologists and who attend procedural proceedings not suspended by RD 463/2020. In this way, they comply with the essential services established by consensus by the Ministry of Justice, CGPJ, the Attorney General’s Office and the Autonomous Communities with jurisdiction in this area. These are set out in the Resolution of the Secretary of State for Justice dated 14 March 2020, and any adaptations that may be agreed to in its chaos.
- Those who provide services in legal offices and consultancies, administrative agencies and social graduates. And external and own services of prevention of occupational risks, in urgent matters.
- Those who provide services in notaries’ offices and registries for the fulfillment of the essential services established by the General Direction of Legal Security and Public Faith.
Any others that provide services that have been considered essential.
Whatever your case may be, if you need help, do not hesitate to contact us.