Royal 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.
The object of the Royal Decree-Law it is to adopt a measure in the workplace that it limits to the maximum the mobility of people in order to controlling the propagation of the COVID-19 and to avoid that the accumulation of patients in the UCI takes to its saturation. For this a compulsory paid permission is articulated for the hard-working services people non-essential.
In the Annexe I activity sectors are enumerated to whose hard-working people is excluded of enjoys the compulsory of the permission are justified for strict need reasons.
Below, highlight most important activities:
Subjective field of application
Hard-working all the people as an employee that they provide services in companies or companies of the public sector or private and whose activity has not been stopped as a result of the statement of state of emergency
- The hard-working people that provide services in the qualified sectors as essential in the annexe of this actual one decree-law.
- The hard-working people that provide services in the divisions or in the lines of production whose activity qualified as essential sectors is matched in the annexe of this actual one decree-law.
- The contracted hard-working people for those companies that have requested or are applying a dossier of temporary regulation of employment of suspension and those to those which is them authorised a dossier of temporary regulation of employment of suspension during the validity of the planned permission this actual one decree-law.
- The hard-working people that are found of cancellation for temporary disability or whose contract is suspended for other causes legally planned.
- The hard-working people that they can follow carrying out its activity with normality through working online or any of types not in person of provision of services.
Paid compulsory permission recoverable
The hard-working people that are found within the field of application of the and actual decree-law will enjoy a recoverable paid leave, of binding force, between on 30 March and on 9 April 2020, inclusive. Keeping the right to the remuneration that it would had corresponded them if they had being providing its services (basic wage and complements).
Recovery of the work schedule not lent during the paid leave
- Work schedule will be able to recover from the next day to the completion of the state of emergency until 31 of December 2020.
- This recovery should negotiate in a period of open enquiries to this end between the company and the legal representation of hard-working people, that it will have a maximum duration of seven days.
- Of not reaching agreement during this enquiry period, the company will notify to the hard-working people and to the representative fee, within seven days from the completion of that, the decision on the recovery of the work schedule not lent during the application of the permission present.
- The recovery of these hours will not be able to suppose the non-compliance of the minimum periods resting daily and weekly considered in the law and in the collective agreement, nor the establishment of a term of advance notice lower than 5 days (article 34.2 E.T.), nor the overcoming of the annual maximum working day considered in the applicable collective agreement. Rights of conciliation will be respected of the personal life, work and legal recognised relative and conventionally.
Indispensable minimum potency
Companies that must apply the regulated recoverable paid leave will be able to establish the staff's minimum number or the strictly essential work shifts in order to maintain the indispensable activity. This activity and this minimum one of staff or turns will have as a reference the maintained one in an ordinary weekend or in bank holidays.
Guarantees for the resumption of the business activity
In the cases in which results impossible to interrupt of immediate way the activity, the hard-working people included they will be able to provide services in the subjective field on Monday 30 March 2020 with the only intention of carrying out essential tasks in order to be able to make the recoverable paid leave without harming in an irremediable or disproportionate way the resumption of the business activity.
Essential services in the Administration of justice
Judges, district attorneys, lawyers of the Administration of Justice and other staff at the service of the same one will go on attending unsprung procedural activities for the Royal Decree 463/2020.
Activities to those which is not of apliación the paid compulsory permission recoverable (Annexe I)
- Those which carry out activities that they must continue developing under the protection of the Royal Decree 463/2020, and of the regulations approved by the Statutory Authority and the Delegated Statutory Authorities.
- Those which work in the chain of supply of the market and in the operation of the services of the production centres of goods and services essential, including foodstuffs, drinks, animal foods, hygienic products, medications, health products or any product necessary to the protection of the health, allowing their distribution from the origin until the final destination.
- Those which provide services in the activities of hospitality industry and restaurant services that they provide services of home delivery.
- Those which provide services in the production line and distribution of goods, services, technology health, medical equipment, protective equipment, health and hospitable equipment and whatever other materials necessary to the health provision of services.
- Those essential ones for the maintenance of the productive activities of the manufacturing industry that offer supplies, equipment and materials necessary to the correct development of essential activities.
- Those which carry out transport services, both of people and of merchandises, that are continued developing from the statement of the state of emergency, as well as of those that they must ensure the maintenance of the means employed for this.
- Those which provide services in Prison Institutions, of civil defence, maritime salvage, salvage and prevention and fire suppression, security of the mines, and of traffic and road safety. Similarly, those which work in the companies of private security that they provide transport services of security, of reply before alarms, of discontinuous round or vigilance, and anyone who results precise to use for the payment of security services under guarantee of essential services and the supply to the town.
- The indispensable ones that support the maintenance of the material and teams of the armed forces.
- Those of the centres, services and establishments health, as well as to the people that they attend great, minors, dependent people or people with disabilities, and people that they work in companies, centres of R+D+I and biotechnological linked to the COVID-19, laboratory animal facilities to them partners, the maintenance of the minimum services of facilities to them partners and the supplying products companies necessary to this research, and people that they work in funeral services and other related activities.
- Those of the centres, services and establishments of health attention to animals.
- Those which provide services in sales points of press and in media or agencies of ownership news public and private, as well as in its impression or distribution.
- Companies of financial services, included the banking ones, of insurances and investment, for the provision of the services that they are indispensable, and the activities specific to infrastructures of payments and of financial markets.
- Companies of telecommunications and audiovisual and of essential computer services, as well as those nets and facilities that they bear them and sectors or subsectors necessary to its correct functioning, especially those that they result essential for the suitable provision of public services, as well as the operation of the work not in person of the civil servants.
- Those which provide services related to victims' protection and attention of violence of gender.
- Those which work such as lawyers, prohealers, labour relations specialists, translators, interpreters and psychologists and that they attend unsprung procedural activities for the Royal Decree 463/2020, and in this way, comply with set essential services consensuadamente by the Ministry of Justice, General Council of Judicial Power, the General Public prosecutor of the State and Autonomous Communities with responsibilities in the matter (Resolution of the State secretary For Justice of date 14 March 2020).
- Those which provide services in legal offices and consultancies, administrative management and of labour relations specialists, and foreign services and specific to risk prevention at work, in urgent matters.
- Those which provide services in the notary's offices and records for the fulfillment of the essential services set by the Directorate General of Legal Certainty and Public Trust.
- Those which provide cleaning departments, maintenance, urgent breakdown repair and vigilance, as well as that they provide services with regard to collected, dangerous management and waste treatment, as well as of solid urban residues, dangerous and not dangerous, collected and waste water treatment, activities of decontamination and other waste services and transportation and dropped out of by-products or in any of the companies belonging to the Public Sector (article 3 of the Act 9/2017, of 8 November, of Public sector contracts)
- Those which work in the Reception centres to Refugees and in the Centres of Immigrant' Temporary Stay and to private management public companies subsidised by the State Secretary's Office of Migrations and that they operate within the framework of the International Protection and of the Humanitarian Attention.
- Those which work in activities of supply, debugger, driving, water purification and clean-up.
- Those which are indispensable for the provision of predictive meteorological services and remark and the associated maintenance processes, operating process vigilance and control.
- Those of the operator designated by the State to provide the universal postal service, in order to provide services of collected, admission, transportation, classification, distribution and delivery to the exclusive effects of guaranteeing universal postal such service.
- Those which provide services in those sectors or subsectors that they participate in the import and health material supply, as the companies of logistics, transportation, storage, customs transit (forwarding agents) and, general, all the that they participate in the health corridors.
- Those which work in the distribution and delivery of acquired products in the trade on the internet, telephonic or mail.
- Whatever other that they provide services that they have been considered essential.
In force: 29 March 2020
ORDER SND/307/2020, 30 March, through which interpretative criteria are established for the application of the Actual one decree-law 10/2020, of 29 March, and the model of declaration of Responsibility to provide necessary journeys between the forced residence and of work.
The Order has the aim to specify excluded activities of the field of application of the Actual one decree-law 10/2020, as well as provide a model of declaration of Responsibility in which it is indicated that the hard-working person its carrier can continue carrying out displacements to its workplace or of development of its union depiction activity or business.
- Freelance workers: the Royal Decree 463/2020, only affects to the self-employed workers that they provide its services in activities suspended by the statement of the state of emergency. The Actual one decree-law 10/2020, does not be them of application.
- Union depiction activities and employers' association: they are not affected by restrictions of mobility within the Royal Decree 463/2020 and in the Actual one decree-law 10/2020, with the end to guarantee the assistance and advice to hard-working people and employers.
- Declaration of Responsibility: the people employees that should not take refuge in the recoverable paid leave established in the Actual one decree-law 10/2020 and those other ones dedicated to the activity of union or business depiction will have right to that the company or company employer issues them a declaration of Responsibility recognising such circumstance, in accordance with the collected model in the Annexe of this Order.
Vigor: 30 March 2020 it will result of application during the validity of the recoverable paid leave regulated in the Actual one decree-law 10/2020.