Actual decree-law 13/2020
Of 7 April, through which certain measures are adopted urgent with regard to agricultural employment

Published on: 08/04/2020

This Actual one decree-law has the aim principal to promote the hand-held contracting of work for the primary production, although other measures are contemplated that affect to provisions and especially to the cessation of activity of the group of self-employed workers.

Of the same emphasise following measures:

Temporary contracting for the agricultural sector (Articles 1 to 5 and Additional Condition second)

Possibility of reconciling the unemployment benefit or other social character provisions or work, with the payment of agricultural tasks, with the object of achieving enough workforce in the current trade cycle by the town close to places of cultivation that can attend work needs without generating excessive displacements and in full compliance with standards of public health. This measure will be of temporary application until 30 of June 2020.

Payees of the measures are:

a) Unemployed people or cessation of activity.

b) Workers whose contracts have been seen temporarily suspended as a result of the temporary close of the activity.

c) Migrant workers whose green card concludes in the period between on 14 March 2020 and on 30 June 2020.

d) Similarly will be able to take in the young third-party nationals countries, that are found in regular situation out of 18 and 21 years.

Work provision compatibility with:

a) With the unemployment benefit in favour of temporary workers included in the Social Security Special Agricultural Plan, or with farm income for temporary workers included in the Social Security Special Agricultural Plan living in Autonomous Communities of Andalusia and Extremadura.

b) With the unemployment benefits derived from the suspension for economic reasons, techniques, organisational or of production, according to it considered in the article 47 of the legislative law of the Workers' statute's Act, approved by the Legislative Royal Decree 2/2015, of 23 October, excluding anyone who have its origin in the measures envisaged in the articles 22, 23 and 25 the Actual one decree-law 8/2020, of 17 March, of extraordinary urgent measures to address the economic impact and social of the COVID-19.

c) With whatever other regulated unemployment benefits in the title III of the legislative law of the Social Security Act regarding the unemployment protection.

d) With provisions for motivated cessation of activity for the causes considered in the article 331 of the legislative law of the Social Security Act, approved by Legislative Royal Decree 8/2015, of 30 October, excluding anyone who have its origin in the measure envisaged in the article 17 of the Actual one decree-law 8/2020, of 17 March, of extraordinary urgent measures to address the economic impact and social of the COVID-19 (Activities that they are suspended, in virtue of it considered in the Actual one decree-law 8/2020, or, in another case, when its invoicing in the previous month to that which the provision is requested is seen reduced, at least, in 75 per cent in relation to the average of invoicing of the previous half).

e) With any other economic character provision or any other profit or social benefit, given by any Administration that it is incompatible with the work, or that, without being, as a result of the perception of income for the work activity limits of special income would be exceeded in the regulations corresponding to the type of provision.


Measures of simplification for the procedure of the procedures of the managing entities of the Social Security Institute as a result of the statement of the state of emergency. (Additional Condition third)

  1. In the event that the concerned individual lacked permanent electronic certificate or key, the communication channel through which will be able to practice its rights, to present documents or to carry out whatever procedures or to request services, located at the E-Office of the Social Security Institute sede.seg-social.gob.es is found through the «immediate access to accessible non-certified » procedures from the website of the Social Security Institute www.seg-social.es; and according to the competent managing entity to manage provisions, via established links to this end.
  2. In the event that the concerned individual lacks permanent electronic certificate or key, the identity declared by the interested party will provisionally be permitted, without prejudice to checkouts that can do the managing entity, via the already established means to verify the identity through the access to the System SVDIR, that it implements the Verification and the Enquiry of the Details of Identity, as well as the Enquiry of Details Padronales (SECOPA) using the frame Pros@ of the Social Security Institute's corporate applications and other similar means.

Measures of simplification for the procedure of the procedures of the Public Service of State Employment and the Social Marine Institute as a result of the statement of the state of emergency. (Additional Condition fourth)

Extraordinary measures of simplification are adopted for the procedure of the procedures that they allow to the Public Service of State Employment and to the Social Marine Institute to solve in a provisional way applications of unemployment benefits presented by citizens.


Compatibility of the retirement pension with the appointment as a statutory staff of the health workers (Final disposition third)

The coverage of the protection is expanded of Social Security Institute to all contingencies, both for common illness and for occupational disease and by chance is or not of work, included the accident in itínere, being not of application to these professionals, during the time that it remains in this compatibility regime, limits of protection that Social Security Institute's standards foresee for the active retirement.

To the indicated effects the section is modified 4 and a new section is added 5 to the additional condition fifteenth of the Actual one decree-law 11/2020, of 31 March, with the next redacted:

Additional condition fifteenth. Effects of the compatibility of the retirement pension with the appointment as a statutory staff of the health workers made under the protection of the Order SND/232/2020, of 15 March, through which measures are adopted with regard to human resources and means for the management of the health crisis situation brought about by the COVID-19.

  1. During the performance of this work as an employee compatible with the retirement pension, autonomous communities or, where applicable, the National Institute for Health Management (INGESA), and workers are subjects to the obligation of membership, registration, cancellation, variation of details considered in the article 16 of the legislative law of the Social Security Act and to the obligation of quoting in the terms of articles 18 and 19 of the same legal text, being not of application the stated in article 153 of the same.
  2. During the performance of this work will be protected when dealing with all common contingencies and professionals, provided that gather the requirements necessary to cause them, being of application the regime of limitation of pensions, incompatibilities and the exercise of the right of option, considered in the legislative law of the Social Security Act.”

Health product manufacture (Additional Condition sixth)

During the clutch situation of public health caused by the COVID-19, is established the not application of the expected rates in the authorisation procedures of clinical trials for the research of medications related to the health crisis brought about by the COVID-19, in the procedures of previous licence of operation, in relation to exceptional licences for the manufacture of the health products necessary to the protection of the public health and to guarantee the supply in the health crisis situation brought about by the COVID-19, as well as in the authorisation procedures of clinical researches with health products, made in relation to the health crisis brought about by the COVID-19.


Regulatory derogation of the additional condition twenty-first of the Actual one decree-law 11/2020, of 31 March, through which complementary urgent measures are adopted in the social field and economic to address the COVID-19 (Provision. Repealing only)

Is specifically repealed:

Additional condition twenty-first. Temporary disability in exceptional situation of confinamientotal.

With exceptional character, and with effects from the beginning of the situation of confinamiento, and through the corresponding sick leave, this protection will be spread to those workers obliged to move of town and they have obligation of providing essential services to those which adverts the Actual one decree-law 10/2020, provided that has been agreed the confinamiento of the town where it has its address and it has been him refused of way expresses the possibility of moving by the statutory authority, can not carry out its telematic way work for causes not imputable to the company for that which provide its services or to the own worker and it does not have right to receive no other public provision.

The accreditation of the agreement of confinamiento of the town where it has the address and the refusal of the possibility of displacement will be made through certification issued by the town council of the address before the corresponding body of the public health service. Likewise, the impossibility of performance of the work of telematic way will be proved through a certification of the company or a declaration of Responsibility in the case of freelance workers before the same body of the public health service .”


Modification of the article fifth of the Actual one decree-law 6/2020, of 10 March, through which certain measures are adopted urgent in the economic field and to protect the public health (Final Provision article 1)

Article fifth. Exceptional as situation consideration assimilated to work-related injury of the periods of isolation, contagion or restriction in the exits of the municipality where they have the address of hard-working people as a result of the virus COVID-19.

1. For the purpose of to protect the public health, will be considered, with exceptional character, assimilated situation to work-related injury, exclusively for the temporary disability benefit of the system of Social Security Institute, those isolation periods or contagion of the people workers caused by the virus COVID-19, unless it tries on that the contagion of the illness has been contracted with exclusive cause in the performance of the work in the terms that it points out the article 156 of the legislative law of the Social Security Act, approved by the Legislative Royal Decree 8/2015, of 30 October, in which case will be qualified as a work-related injury

With the same exceptional character, with effects from the beginning of the situation of restriction of the exit of the municipality where they have the address, and through the corresponding sick leave, this protection will be spread to those workers that obliged to move of town are seen to provide services in the unaffected activities for the Royal Decree 463/2020, of 14 March, through which the state of emergency is declared for the management of the health crisis situation brought about by the COVID-19, provided that by the statutory authority has been agreed to restrict the exit of people of the municipality where these workers have its address and it has been them refused of way expresses the possibility of moving by the statutory authority, can not carry out its telematic way work for causes not imputable to the company for that which provide its services or to the own worker and they do not have right to receive no other public provision.

The accreditation of the agreement of restriction of the town where the address and the refusal of the possibility of displacement is had will be made through certification issued by the town council of the address before the corresponding body of the public health service. Likewise, the impossibility of performance of the work of telematic way will be proved through a certification of the company or a declaration of Responsibility in the case of freelance workers before the same body of the public health service.

2. The duration of this exceptional provision will come determined by the sick leave and the corresponding registration.

In the cases of restriction in the exits of the municipality where they have the address, of being the people employees to those which adverts the article 1 of the Actual one decree-law 10/2020, of 29 March, through which a recoverable paid leave is regulated for the people employees that do not provide essential services, in order to reduce the mobility of the town in the context of the fight against the COVID-19, a sick leave will be issued with effects from the start date of the restriction and a hospital discharge certificate with effects of 29 March 2020. Of being freelance workers or self-employed workers the right to the provision will begin with the sick leave from the start date of the restriction and it will last to date of completion of the restriction. This subsidy for temporary disability is incompatible with the right a provision from the Social Security Institute, included the temporary disability derived from common contingencies or professionals.

3. The right to this benefit may be caused by the self-employed person or by a person who is on the date of the causal event in a situation of registration in any of the Social Security schemes.

4. The date of the responsible for fact will be the date in which remembers the isolation, restriction or illness of the worker, without prejudice to that the sick leave is issued later than that date.”


Modification of the article 17 of the Actual one decree-law 8/2020, of 17 March, of extraordinary urgent measures to address the economic impact and social of the COVID-19. (Final Disposition second)

Article 17. Extraordinary benefit for cessation of activity for statement affected by of the state of emergency for the management of the health crisis situation brought about by the COVID-19.

1. With exceptional and validity character limited until the last day of the month in which finishes the state of emergency declared by Royal Decree 463/2020, of 14 March, through which the state of emergency is declared for the management of the health crisis situation brought about by the COVID-19, they will have right to an extraordinary benefit for cessation of activity:

a) self-employed workers included in the Special Scheme for Self-Employed Workers, agricultural self-employed workers included in the Special System for Agricultural Freelance workers and self-employed workers included in the Special Plan for Workers of the Sea whose activities are suspended, in virtue of it considered in the mentioned Royal Decree.

b) self-employed workers included in the Special Scheme for Self-Employed Workers, agricultural self-employed workers included in the Special System for Agricultural Freelance workers and self-employed workers included in the Special Plan for Workers of the Sea that, not stopping in its activity, its invoicing in the natural month prior to that which the provision is requested is seen reduced, at least, in 75 per cent in relation to the average of invoicing of the previous semester, provided that are not found in some collected suppositions in the letters c) and d) following.

c) agricultural production self-employed workers of seasonal character included in the Special System for Agricultural Freelance workers, as well as workers of fishing productions, marisqueras or of products specific to seasonal character included in the Special Plan for Workers of the Sea, when its invoicing average in the months of campaign of production prior to that which the provision is requested is seen reduced, at least, in 75 per cent in relation to the same months of the campaign of the previous year.

d) self-employed workers that develop activities in some following codes of the CNAE 2009: 5912, 5915, 5916, 5920 and between the 9001 and the 9004 both included, provided that, not stopping in its activity, its invoicing in the natural month prior to that which the provision is requested is seen reduced in at least 75 per cent in relation to the made in 12 previous months.

2. They are requirements to cause right to this provision:

a) Be affiliated and in registration, in the date of the statement of the state of emergency, in the Special Regime of the Social Security Institute of the Freelance workers or Self-employed workers or, where applicable, in the Special Regime of the Social Security Institute of the sea workers.

b) in the event that its activity is not seen directly suspended in virtue of it considered in the Royal Decree 463/2020, of 14 March, to prove its income' reduction in, at least, 75 per cent, in the collected periods in the letters b), c) and d) of the previous section.

c) To find up to date in the payment from the fees to the Social Security Institute. Nonetheless, if in the date of the suspension of the activity or of the reduction of the invoicing, as a result of the statement of the state of emergency, this requirement, the body manager was not fulfilled will invite to the payment to the self-employed worker so that in the term improrrogable of thirty calendar days enters owed fees. The streamlining of the overdraft will produce full effects for the acquisition of the right to the protection.

d) Will not be necessary to cause right to this provision to process the cancellation in the regime of Social Security Institute corresponding.

3. The amount of the regulated provision in this article will be determined applying 70 per cent to the benefits base, calculated in accordance with it considered in the article 339 of the Social Security Act, approved through Legislative Royal Decree 8/2015, of 30 October. When the minimum period of contribution is not proved to have right to the provision, the amount of the provision will be equivalent to 70 per cent of the minimum base of contribution in the Special Regime of the Social Security Institute of the Freelance workers or Self-employed workers or, where applicable, in the Special Regime of the Social Security Institute of the sea workers, that it corresponds them by activity.

4. The extraordinary benefit for regulated cessation of activity in this article it will have a duration of a month, expanding, where applicable, until the last day of the month in which finishes the state of emergency, in the event that this is extended and it has a duration higher than the month. The time of its perception will be understood as quoted, there will not be obligation of quoting and it will not reduce periods of provision for cessation of activity to those which the payee can have right in the future.

5. This provision will be compatible with any other social security provision that the payee came receiving and was compatible with the payment of the activity that it developed.

What is referred to as freelance workers included in the Special Plan for Sea Workers, the provision for cessation of activity will be incompatible with the perception of the aids for paralysation of the fleet.

6. The hard-working members of cooperatives of associated work that they have chosen its framing such as freelance workers in the special scheme that it corresponds will have right also to this extraordinary benefit, provided that gather the requirements established in this article.

7. The management of this provision will correspond to companies to those which adverts the article 346 of the Legislative law of the Social Security Act.

8. In the event of suspension of the activity, the contribution corresponding to the days of activity in March 2020 not covered by the regulated provision in this article, that it was not credited within the statutory term of deposit, will not be object of the surcharge considered in the article 30 of the Legislative Law of the Social Security Act.

9. The examination of the regulated provision in this article will be able to request until the last day of the next month to that which the completion of the state of emergency was produced. Managing entities, in accordance with the presented application and documents where applicable contributed, will dictate the provisional resolution that it is coming from, estimating or rejecting the right. Completed the state of emergency will be proceeded to revise all adopted provisional resolutions. In the event that it is given off that the interested party does not have right to the provision, procedures of claim of the unduly perceived amounts will be initiated.

10. The accreditation of the invoicing's reduction will be made through the contribution of the countable information that it justifies it, being able to do via the copy of the book of issued invoices record and received; of the journal of income and expenses; of the record sales book and income; or of the book of purchases and expenses.

Those self-employed workers that are not obliged to take books that prove the volume of activity, they should prove the reduction at least of 75% demanded using any means of admitted test in right.

All application should go accompanied by a sworn statement in which is done to appear that are fulfilled all demanded requirements to cause right to this provision.”


Modification of the section 1 of the article 34 of the Actual one decree-law 11/2020, of 31 March, through which complementary urgent measures are adopted in the social field and economic to address the COVID-19 (Final disposition third)

Is fitted out to the General Treasury of the Social Security to give moratoria of six months, without interest, to the companies and freelance workers included in any regime of the Social Security Institute, that request it and fulfill requirements and conditions that will be established through Order of the Minister of Inclusion, Social Security Institute and Migrations, previous agreement of the Delegated Fee of the Government for Economic Issues. The moratorium, in the cases that it is granted, will affect to the payment of business contributions to the contribution to the Social Security Institute and for concepts of joint collection and to the fees of freelance workers or self-employed workers, whose period of accrued interest, in the case of companies is between months of April and June 2020 and, in the case of freelance workers between May and July 2020, provided that activities that they carry out are not found suspended on the occasion of the state of emergency declared by the Royal Decree 463/2020, of 14 March.

 

Vigor: 9 April 2020.

Validity:

  1. In general terms until 30 of June 2020.
  2. Measures envisaged in the additional condition third regarding the simplification for the procedure of the procedures of the managing entities of the Social Security Institute as a result of the statement of the state of emergency will maintain its effectiveness until, after the completion of the state of emergency's validity, the operation of the branches of attention and citizen information service is normalised of different managing entities of the Social Security Institute, which will be determined through resolution of the State secretary For Social Security Institute and Pensions, that will be published in the Official State Gazette.
  3. In the same way, measures envisaged in the section 1 of the additional condition fourth regarding the simplification for the procedure of the procedures of the Public Service of State Employment and the Social Marine Institute as a result of the statement of the state of emergency, will maintain its effectiveness until, after the completion of the state of emergency's validity, the operation of the branches of attention and citizen information service is normalised of branches of provisions of the Public Service of State Employment, through resolution of the person holder of the Directorate General of the above-mentioned organisation, that will be published in the Official State Gazette.

Download the Actual one decree-law 13/2020