According to Royal Decree-Law 9/2020, of March 27, by which complementary measures are adopted, in the workplace, to mitigate the effects derived from COVID-19, the following aspects are highlighted:
Article 2. Extraordinary measures for the protection of employment.
Force majeure and the economic, technical, organizational and production causes covered by the measures for suspension of contracts and reduction of working hours provided for in articles 22 and 23 of Royal Decree-Law 8/2020, of March 17, they cannot be understood as justifications for the termination of the employment contract or dismissal.
Article 5. Interruption of the calculation of the maximum duration of temporary contracts.
The suspension of temporary contracts, including training, relief and interim contracts, for the causes provided for in articles 22 and 23 of Royal Decree-Law 8/2020, of March 17, will mean the computation will be interrupted, both for the duration of these contracts, as well as the reference periods equivalent to the suspended period, in each of these contractual modalities, with respect to the workers affected by them.
Third additional provision. Effective date of unemployment benefits derived from procedures based on the causes referred to in articles 22 and 23 of Royal Decree-Law 8/2020, of March 17, on extraordinary urgent measures to face the economic and social impact of the COVID-19.
1. The date of effect of the legal situation of unemployment in cases of force majeure will be the date of the event causing it.
2. When the suspension of the contract or reduction of working hours is due to the cause provided for in article 23 of Royal Decree-Law 8/2020, of March 17, of extraordinary urgent measures to face the economic and social impact of COVID- 19, the date of effect of the legal situation of unemployment must, in any case, be the same or later than the date on which the company communicates to the labor authority the decision taken.
3. The cause and effect date of the legal situation of unemployment must appear, in any case, in the company certificate, which will be considered a valid document for its accreditation.
Fourth additional provision. Collaboration of the entity managing unemployment benefits and the Labor and Social Security Inspection. In the cases in which the managing entity appreciates indications of fraud to obtain unemployment benefits, it will notify the Labor and Social Security Inspection for the appropriate purposes.
The Labor and Social Security Inspection, in collaboration with the State Tax Administration Agency and the State Security Forces and Bodies, will include, among its action plans, the verification of the existence of the causes alleged in the requests and communications of temporary employment regulation files based on the causes of articles 22 and 23 of Royal Decree-Law 8/2020, of March 17.
First final provision. Modification of Royal Decree-Law 8/2020, of March 17, on extraordinary urgent measures to face the economic and social impact of COVID-19.
The second section of the first transitional provision is amended, which is worded as follows:
«First transitional provision. Limitation on application to employment regulation files.
2. The extraordinary measures regarding contributions and unemployment protection provided for in articles 24 and 25 shall apply to those affected by the procedures for suspension of contracts and reduction of working hours communicated, authorized or initiated, prior to the entry into force of this royal decree-law, provided that they derive directly from COVID-19. »