Additional condition fifth. Extraordinary measures for companies in the Canary Islands affected by the eruption of the Cumbre Vieja volcano
Royal-Decree Law 18/2021
Companies affected by the volcanic eruption in the area of Cumbre Vieja, who have a contribution account code corresponding to the provinces of the Autonomous Community of the Canary Islands, whose usual business activity has been impeded or limited, and who are authorised for a temporary redundancy scheme, under the terms of Article 47.3 of the revised text of the Workers' Rights Act, approved by Royal Legislative Decree 2/2015, on 23 October, as result of which, will be entitled to the extraordinary benefits provided for in this additional provision, under the terms established in the following sections.
Regarding these proceedings, the labour authorities must make a decision within five days, with the optional procedure of the request for the report referred to in Article 33.1 of the Regulations on procedures for collective dismissal and suspension of contracts and reduction of working hours, approved by Royal Decree 1483/2012, of 29 October.
If no express decision has been communicated, the application will be deemed accepted.
These proceedings will take effect from the date of the event causing force majeure and will remain in force until 28 February 2022, and, where applicable, the transition mechanism as provided for in Article 2, sections 2 and 3 will also be applied.
The companies described in section 1 will be eligible, based on the number of workers whose activities have been suspended or reduced, the periods and percentage of days affected by the suspension and the percentages of exemption, for the months from September 2021 to February 2022, which are as follows:
- Temporary redundancy schemes in place due to conditions that impede business activity will be given an exemption of 100 percent of the business contribution accrued during the period of suspension of business, and until 28 February 2022.
- Temporary redundancy schemes in place due to conditions that prevent business activity will be given an exemption of 90% of the business contribution accrued during the affected period, and until 28 February 2022.
The exemptions referred to in this provision will apply to the payment of the business contribution provided for in Article 273.2 of the consolidated text of the General Social Security Act, as well as that regarding payment contributions for joint collection items.
The procedure and requirements for applying exemption from payment of contributions referred to in this additional provision will be those established in Article 2 of Royal Decree-Law 30/2020, of 29 September.
Workers affected by temporary redundancy schemes set out in this provision will also benefit from the extraordinary measures under Article 6.
Likewise, the time during which the contribution-based unemployment benefit is received, with proximate cause the abovementioned extraordinary circumstances, will not count towards the maximum period of receipt of the benefit.
The exemptions in the contribution provided for in this additional provision are incompatible with those established in Article 4.
If the exceptional situation described in section 1 extends beyond 28 February 2022, the Government will carry out the necessary steps to ensure that the measures contained in this additional provision continue to be in force while this situation remains.