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News & Events  2020

Royal Decree-Law 10/2020 from 29 March
Announcement of a Recoverable Paid Leave for Employees in Non-Essential Services, with the aim of reducing the movement of people during this Corona Virus Outbreak

  1. WHO DOES THIS AFFECT:

All employees currently still working in businesses that were not closed under the State of Emergency under RD 463/2020 of 14 March.

  1. WHO IS NOT AFFECTED:

The following employees are exempt from this new law:

  • Employees considered working in essential services – See Annex List below for these
  • Employees who have already had their contracts suspended in an ERTE.
  • Employees who are already signed off from work; medical, maternity etc.
  • Employees who are now continuing their work from home.
  1. PAID LEAVE FOR EMPLOYEES:
  • All employees forced now to stop work will be required to stay at home from Monday 30 March – Thursday 9 April inclusive.
  • Their salaries will still be paid in full for April. 
  • These 9 working days above will be owed back to the employer by the employee.  The total hours owed back must be worked before the 31 December 2020 by the employee.
  • This should be arranged in agreement with both employer and employee as to when these days will be worked, and will not affect the employees’ legal rights here.
  1. ABSOLUTE MINIMUM OPERATIONS:

It is required that during the period 30 March – 9 April 2020 that all non-essential businesses keep their operations to an absolute minimum necessary, and apply the Paid Leave for Employees described above.

  1. WHO ARE CONSIDERED ESSENTIAL SERVICES (AND NOT AFFECTED BY THIS NEW LAW):

All employees working in the following sectors are not affected by this new law and will continue to lend their services during this current State of Emergency:

  • Commercial retail establishments for food, beverages, products and basic necessities, pharmaceutical establishments, medical, optical and orthopaedic products, hygienic products, hairdressers, newspapers and stationery., automotive fuel, tobacconists, technological and telecommunications equipment, pet food, internet commerce, telephone or correspondence, dry cleaners and laundries.
  • Those that provide services in the hotel and restaurant activities that provide home delivery services.
  • The transport of goods throughout the national territory in order to guarantee supply.
  • The customs transiting of goods at the points of entry or border inspection points located in ports or airports
  • The supply of electrical energy and products derived from petroleum and natural gas
  • Essential Services in Infrastructure projects as defined in Law 8/2011 ordered by the government in the event of a threat on the country.
  • Those that work in the activities that participate in the market supply chain and in the operation of the services of the production centres of basic goods and services, including food, beverages, animal feed, hygienic products, medicines, sanitary products or any necessary product for the protection of health, allowing the distribution of the same from the origin to the final destination.
  • Those that provide services in the chain of production and distribution of goods, services, sanitary technology, medical material, protective equipment, sanitary and hospital equipment and any other materials necessary for the provision of sanitary services.
  • Those 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 that carry out transport services, both for people and goods, as well as those that must ensure the maintenance of the means used for it, under the regulations approved since the declaration of the state of emergency.
  • Those that provide services in Penitentiary Institutions, civil protection, maritime rescue, rescue and prevention and extinction of fires, mine safety, and traffic and road safety. Likewise, those that work in private security companies that provide security transport services, response to alarms, surveillance, and those that are necessary to use for the performance of security services in guarantee of essential services and supplying the population.
  • Those who support the maintenance of the material and equipment of the armed forces.
  • Those of health centres, services and establishments, as well as people who (i) serve the elderly, minors, dependents or people with disabilities, and people who work in companies, R&D and biotechnology centres linked to COVID-19, (ii) the animal facilities associated with them, (iii) the maintenance of the minimum services of the facilities associated with them and the companies supplying the products necessary for said investigation, and (iv) the people who work in funeral services and other related activities.
  • Those of animal health centres, services and establishments.
  • Those that provide services of the press and in the media or news agencies of public and private ownership, as well as in their printing or distribution.
  • Those of financial services companies, including banking, insurance and investment companies, for the provision of essential services, and the activities of payment infrastructures and financial markets.
  • Those of telecommunications and audio-visual companies and essential computer services, as well as those networks and facilities that support them and the sectors or subsectors necessary for their proper functioning, especially those that are essential for the adequate provision of public services, as well such as the non-attendance work of public employees.
  •  Those that provide services related to the protection and care of victims of gender violence.
  • Those who work as lawyers, attorneys, social graduates, translators, interpreters and psychologists and who attend procedural proceedings not suspended by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19 and, in this way, comply with the essential services established by consensus by the Ministry of Justice, the General Council of the Judiciary, the State Attorney General's Office and the Autonomous Communities.
  • Those that provide services in law firms and legal advisory services, administrative agencies and social services, and occupational risk prevention services, in urgent matters.
  • Those that provide services in notaries and registries for the fulfilment of essential services set by the General Directorate of Legal Security and Public Faith.
  • Those that provide cleaning, maintenance, urgent breakdown repair and surveillance services, as well as providing services in the collection, management and treatment of hazardous waste, as well as urban solid, hazardous and non-hazardous waste, collection and treatment wastewater, decontamination activities and other waste management services and transport and removal of by-products or any of the entities belonging to the Public Sector, in accordance with the provisions of article 3 of Law 9/2017, of 8 of November, Public Sector Contracts.
  • Those who work in the Refugee Reception Centres and in the Temporary Stay Centres for Immigrants and public entities of private management subsidized by the Secretary of State for Migration and that operate within the framework of International Protection and Care Humanitarian.
  • Those who work in water supply, purification, conduction, purification and sanitation activities.
  • Those that are essential for the provision of meteorological forecasting and observation services 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 collection, admission, transport, classification, distribution and delivery services for the sole purpose of guaranteeing said universal postal service.
  • Those that provide services in those sectors or subsectors that participate in the import and supply of sanitary material, such as logistics, transportation, warehousing, customs transit (freight forwarders) companies and, in general, all those that participate in sanitary products.
  • Those who work in the distribution and delivery of products purchased in commerce by internet, telephone or correspondence.
    •  Any others that provide services that have been considered essential.

     

    Royal Decree-Law 463/2020
    Who Can Travel and What is Open During the State of Emergency as at 19 March 2020?

    1. INDIVIDUALS IN THE STREET:
    • Only 1 person is allowed out of their house at once, and only for JUSTIFIABLE reasons:

    Work, Food Shopping, Pharmacy, Doctor or Hospital, Petrol.

    • The only exceptions here being with children, elderly or a disabled person for a justifiable reason, ie that they can’t be left alone…..
    • You may need to justify your reason to travel via documentation to the Police if questioned.
    • You will be fined for non-justifiable reasons for being out on the street.
    1. VEHICLES:
    • Only 1 person should be traveling at one time in a vehicle
    • The only exception is for being with another person for a justifiable reason, who have to be seated in the back seat on the passenger side of the car to maintain a safe physical distance.
    1. CAR POOL SHARING WITH WORK COLLEAGUES:
    • It is possible for colleagues to car share to get to and from work if they have face masks provided to them by their employer.
    1. SECOND HOMES:
    • It is not possible during the State of Emergency to move to your second property, ie holiday home.
    • If you are already there, you must now stay there until the State of Emergency is lifted.
    1. FAMILY VISITS:
    • At present it is possible for children to visit with their other parent if they do not live with them…..following strict hygiene and physical distancing measures.
    1. AGRICULTURE/FARMING:
    • Farming and agriculture business activities will continue as normal during this time.
    1. AUTONOMOS:
    • You are permitted to continue to work, taking good hygiene and physical distancing measures.
    • Specifically; All tradesmen, delivery firms, builders, sales people, electricians, plumbers, gardeners, pool cleaners are encouraged to keep working where they can.
    1. GARAGES FOR VEHICLES:
    • These remain open to the public for emergency vehicle repairs.
    1. FAST FOOD RESTAURANTS:
    • These are all closed to the public except for Home Delivery Services
    1. MOTORWAY SERVICE STATIONS:
    • These are still open for petrol but not the cafes or restaurants attached, except for delivery truck drivers and bus and ambulance drivers.
    1. DIY STORES AND BAZAAR STORES:
    • All are closed.
    1. CONSTRUCTION:
    • The building industry is authorised to carry on working.
    • Shops that sell building supplies will only be open to professional builders and tradesmen.  Not to the general public.
    1. HOSPITALITY: BARS, CAFES & RESTAURANTS:
    • Will all remain closed during the State of Emergency
    • They are authorised to trade a Home Delivery Service

    14: WHAT IS OPEN? -  The following are all open to public, following hygiene and physical distancing measures:

    • Supermarkets and other food stores
    • Chemists
    • Medical Centres
    • Opticians
    • Newsagents and tobacconists
    • Telecoms Stores
    • Pet Stores (For food supplies only)
    • Dry Cleaning stores
    • Launderettes

     

    Royal Decree-Law 8/2020 from 17 March
    Urgent Extraordinary Measures Taken as a result of the Social and Economic Impact of COVID-19 by the Spanish Government

    There are many social protection measures within this new law, however in this report I will be focusing on the most important economic measures that have been initiated to assist self-employed people, small businesses and employees under contract to a Spanish company.

    Firstly, the official advice is now to encourage everyone to be working remotely from home wherever possible in any business where it is feasible to do so………

    These are the main areas of urgent important assistance:

    1. MORTGAGE RELIEF:
    • For affected people there will be a postponement of payments available.
    • This will be a means tested payment holiday during which no further mortgage interest will be accrued.

    For more information on this, please contact your own mortgage holder.

    1. BENEFIT PAYMENTS FOR THE SELF EMPLOYED (AUTONOMOS) AFFECTED BY THE COVID-19 OUTBREAK:
    • From the date that the State of Emergency was declared in Spain (14th March 2020) until the end of the month in which this State of Emergency is lifted, it will be possible for all ‘autonomo’ self-employed people to claim financial assistance from the government.
    • This will be given to all autonomo businesses that were ordered to close under the State of Emergency measures, and also to any other autonomo that suffers a revenue reduction of at least 75% in relation to their average revenue from the last 6 months, from the date of application.
    • To be eligible for this, you must be up-to-date with all social security payments due.
    • You will need to remain registered as autonomo in the system through this time.
    • The amount payable will be dependent on the individual’s Social Security contribution history.
    1. THE TEMPORARY SUSPENSION OF EMPLOYMENT CONTRACTS AND REDUCTION OF CONTRACT HOURS:
    • It is possible for employers to suspend or reduce the hours of their employees’ contracts without any financial penalty or any enforced redundancy payments under a ‘Force Majeure’ claim.
    • The affected company will need to complete an application including documentation to demonstrate the negative effects on the company of the COVID-19 outbreak.
    • The employer has a duty of care to inform all of their affected employees of this action when taken.
    • During the time that an employee’s contract remains suspended, the employer does not have to make the corresponding Social Security employer’s contribution.  However, this will not impact negatively on the employee’s contributions.
    • Please note that these measures will be for businesses directly economically affected by the COVID-19 outbreak………
    1. PROTECTION FOR PEOPLE MADE UNEMPLOYED AS A DIRECT RESULT OF THE COVID-19 OUTBREAK:
    • People made unemployed as a result of this crisis can apply for unemployment benefit even if they have not made the minimum required period of contributions
    1. THE DELAY OF TAX PAYMENTS:
    • At present there will be payment plans available for tax that is due from the period:

    12 March – 30 May 2020.

    • The payment plan period will be 6 months and no interest will be payable on the first 3 months of repayments.