Actual decree-law 9/2020
Of 27 March, through which supplementary measures are adopted, in the workplace, to alleviate the effects derived from the COVID-19

Will be understood as essential services regardless of its or the regime of management, the centres, services and establishments health, that it determines the Ministry of Health Care, as well as social centres of great, dependent people or people with disabilities. They which should maintain its activity, being able to only to proceed to reduce or suspend the same one partially in the terms in which thus they allow it statutory authorities. The non-compliance or the resistance to the orders of statutory authorities in plow to the fulfillment of it considered in this article will be sanctioned

The force majeure and economic reasons, techniques, organisational and of production in which the measures of contracts and reduction in working hours suspension are protected considered in articles 22 and 23 of the Actual one decree-law 8/2020, of 17 March, you will not be able to understand as vindicative of the contract termination of work nor of the dismissal.

The procedure of examination of the provision contributory by unemployment, for all the people affected by procedures of contracts and reduction in working hours suspension based on the causes considered in articles 22 and 23 of the Actual one decree-law 8/2020, of 17 March, will be initiated through a collective application presented by the company before the managing entity of the unemployment benefits, acting on behalf of those.

Besides the collective application, information will be included, in a customised way for each of the affected work centres.

The suspension of temporary contracts, included the training ones, of relay and provisional status, for the causes considered in articles 22 and 23 of the Actual one decree-law 8/2020, of 17 March, will suppose the interruption of the computation, so much of the duration of these contracts, as of periods of reference equivalent to the suspended period with regard to the hard-working people affected by these suspensions.

1. The duration of the employment redundancy procedures will not be able to spread beyond the period in which remains the extraordinary situation derived from the COVID-19. Its maximum duration will be that one of the duration of the state of emergency and its possible extensions.
2. This limitation will result applicable so much in those dossiers with regard to which relapses resolution expresses as to those which are solved for silence office worker, regardless of the content of the business application specific.

1. In accordance with that established in the legislative law of the SMOOTH ONES, the applications presented by the company that contained falseness or incorrectnesses they will originate corresponding sanctions in the facilitated details. Will be sanctioned also the conduct of the company consisting of to request measures, with regard to the employment that they did not result necessary or they did not have enough connection with the cause that it causes them, provided that they originate the provisions generation or perception improper.
2. The improper examination from provisions to the person worker for cause not imputable to the same one, as a result of some previous defaults, will originate the review by trade of the act of examination. In such suppositions the company should enter to the managing entity amounts perceived by the person worker, deducting them of quitted wages of receiving that they would have corresponded, with the limit of the sum of such wages.

1.  The date of effects of the legal situation of unemployment in cases of force majeure will be the date of the fact responsible for the same one.
2.  When the suspension of the contract or reduction in working hours is owed to the cause considered in the article 23 of the Actual one decree-law 8/2020, the date of effects of the legal situation of unemployment will have to be, in any case, coincident or subsequent to the date in which the company communicates to the labour authority the decision taken.
3.  The effects cause and date of the legal situation of unemployment will owe appear the certificate of company, that valid document will be considered for its accreditation.

When the managing entity appreciated indications of fraud for the acquisition of the unemployment benefits, it will communicate to the Work and Social security Inspectorate (ITSS). 

The ITSS, in collaboration with the State Inland Revenue Administration Agency and Security Forces and Bodies of the State, will include, between its plans of action, the checkout of the alleged causes' existence in the applications and temporary dossiers communications of regulation of employment based on causes of the articles 22 and 23 of the Actual one decree-law 8/2020, of 17 March.

«Transitory provision first. Limitation to the application to employment redundancy procedures.

2. Extraordinary measures with regard to contributions and unemployment protection considered in articles 24 and 25 (earlier also was made reference at 26 and 27) will be of application to the ones affected by the procedures of contracts and reduction in working hours suspension statements, authorised or initiated, before the coming into force of this actual one decree-law, provided that they derive directly of the COVID-19.»

«Article 16. Contracting.

1. The adoption of any type of direct or indirect measure by the companies of the public sector to address the COVID-19 will justify the need of acting immediately, being of application the article 120 of the Act 9/2017, of 8 November, of Public sector contracts, through which are surpassed to the Spanish legal system the Directives of the European Parliament and of the Board 2014/23/EU and 2014/24/EU, of 26 February of 2014.2. In accordance with the forecast established in the previous paragraph, to all contracts that they have to celebrate for the companies of the public sector to attend the needs derived from the protection of people and other adopted measures for the Cabinet of Ministers to address the COVID-19, them will result of application the procedure of emergency. In such cases, if it was necessary to carry out deposits to account for preparatory activities to carry out by the contractor, will not be of application the willing thing with respect to guarantees in the mentioned Act 9/2017, being the body of contracting who will determine such circumstance according to nature of the provision to be contracted and the possibility of satisfying the need for other ways. Of the justification of the decision taken should leave perseverance in the dossier

3. The libramiento of necessary funds to address expenses that generates the adoption of measures to protect the human health when dealing with the COVID-19 will be able to carry out to be justified.

4. When the contracting for the attention of these needs must produce in the exterior, because contracts are formalised or they execute total or partially abroad, the arrangement of the contracts will correspond to the Chiefs of mission or Permanent Depiction, with subjection to conditions freely negotiated by the Administration with the foreign contractor, when the intervention of this is absolutely indispensable for the execution of the contract, for requiring thus the attention of the needs derived from the protection of people and other adopted measures for the Cabinet of Ministers to address the COVID-19, and thus is proved in the dossier. Nonetheless, this responsibility will be able to avocarse by the holder of the department Ministerial competent because of reason of the matter. Contracts in writing should formalise and will be held to conditions negotiated by the Administration with the foreign contractor.

The libramientos of funds to those which adverts the out-of-the-way third party of this article will be able to carry out good in favour of ATMs in Spain, good in favour of ATMs in the exterior, keeping up the financial management in the field of the Ministry of Health Care and charged to its budget, without prejudice to that it could carry out also the firm payment via the ATM of payments in the exterior. Nonetheless, the titular person of the Ministry of Health will be able to delegate this financial management responsibility in bodies or companies, are or not shop assistants.

When was essential in accordance with the market situation and the commercial traffic of the State in which the contracting is carried out, will be able to carry out the entirety or part of payments before the performance of the provision by the contractor, in the way considered in the section 2. The risk of loss that it could derive of these operations will will be assumed by the budget of the State.

5. Is excluded of the obligation of electronic billing established in the Act 25/2013, of 27 December, of electronic bill boost and bookkeeping creation of invoices in the Public Sector, from the coming into force of this actual one decree-law, to the invoices issued by non national suppliers based in the exterior that they correspond to dossiers to those which makes reference this article.»