Actual decree-law 27/2020
Of 4 August, of financial measures, of extraordinary and urgent character, applicable to the local entities
1. Extension of the article 9 of the Actual one decree-law 19/2020, of 26 May, through which supplementary measures are adopted in agricultural matter, scientist, economic, of employment and Social Security Institute and tax to alleviate effects of the COVID-19 ( Provision. Additional. 8th)
“The consideration as an occupational contingency derived from work-related injury of illnesses suffered by the staff that it provides service in health or socio-health centres as a result of the contagion of the virus SARS-CoV2, will be applied, to contagions of the virus SARS-CoV2 produced from 1 August 2020 until health authorities lift all adopted prevention measuress to address the health crisis brought about by the COVID-19, proving the contagion through the corresponding work-related injury report that it should have issued within the same period of reference.”
2. Modification of the article 5 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 (Provision. end 10th)
«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 or its work centre the 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 or entrance to a municipality, 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, or the entrance, of people of the municipality where these workers have its address, or where the company has its work centre if the worker has its address in another municipality, 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 worker has its address or the company its work centre, and the refusal of the possibility of displacement will be made through certification issued by the town council of the address or, where applicable, for that one of the work centre affected by the restriction 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.
In the event of employees that had the address in different municipality to the one of the work centre, in addition to it considered in the previous paragraph, will be required to prove:
- The address of the worker through the corresponding certificate of residency registration.
- That the worker develops its work in the centre at the municipality affected by the restriction, through the corresponding certification of the company.
- That the company has not proceeded at the close of the work centre, through the corresponding certification of the company.
- The duration of this exceptional provision will come determined by the sick leave and the corresponding registration.
2. Provided that by the statutory authority has been agreed, before the coming into force of the Royal Decree 463/2020, of 14 March, to restrict exits or entrances of the municipality where they have the address or in which has the work centre the company in which provide its services, 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, when the adopted restriction before the coming into force of the Royal Decree 463/2020, of 14 March, restricted its exit of the municipality where they have its address or, having its address in another, saw restricted the entered the municipality impeding them completely the performance of its activity, 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 its completion, not being able to, in no case, to last beyond the date of completion of the state of emergency.
This subsidy for temporary disability is incompatible with wages that have been received as well as with the right to any other financial assistance of the Social Security Institute, included the temporary disability derived from common contingencies or professionals. In these suppositions the provision of the Social security will be received different than the grant considered in the present article.
For the purpose of it considered in the previous paragraph, the worker should present before the corresponding body of the public health service, certification of the supporting company of the not perception of wages.
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 made date cause 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».
3. Modification of the Act 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations (Provision. end 6th)
“The present Act will enter vigor a year of its publication in the " Official State Gazette ".
Nonetheless, the predictions regarding the electronic record of empowerments, electronic record, record of set up civil servants, general access point electronic of the only Administration and file electronic will produce effects starting from on 2 April 2021.»
Vigor: 6 August 2020.
Download the Actual one decree-law 27/2020