According to Royal Decree-Law 10/2020, of March 29, which regulates a recoverable paid leave for employed persons who do not provide essential services, in order to reduce the mobility of the population in the context of the fight against COVID-19, there are the following aspects that we highlight:
Article 1. Subjective scope of application.
1. This royal decree-law will apply to all employed persons who provide services in companies or entities of the public or private sector and whose activity has not been halted as a result of the declaration of alarm status established by the Royal Decree 463/2020, of March 14.
2. However, the following are exempt from the scope of application:
a) Workers who provide services in sectors classified as essential in the annex to this royal decree-law.
b) Workers hired by (i) those companies that have requested or are applying a temporary suspension employment regulation file and (ii) those who have been authorized a temporary suspension employment regulation file during the term of the permission provided for in this royal decree-law.
c) Workers who are on sick leave due to temporary disability or whose contract is suspended for other legally established causes.
d) Workers who can continue to carry out their activities normally by teleworking or any of the non-contact modalities of service provision.
Article 2. Paid leave.
1. Workers who are within the scope of this royal decree-law shall enjoy a mandatory recoverable paid leave between March 30 and April 9, 2020, both inclusive.
2. The present permit will entail that the workers will retain the right to the remuneration that would have corresponded to them if they were rendering services on an ordinary basis, including basic salary and salary supplements.
Article 3. Recovery of hours of work not provided during paid leave.
1. The recovery of working hours may be effective from the day following the end of the alarm state until December 31, 2020.
2. This recovery must be negotiated in a consultation period open for this purpose between the company and the legal representation of the working people, which will have a maximum duration of seven days.
First transitional provision. Guarantees for the resumption of business activity.
In those cases in which it is impossible to immediately interrupt the activity, the workers included in the subjective scope of this royal decree-law may provide services on Monday, March 30, 2020 for the sole purpose of carrying out the essential tasks. in order to make the recoverable paid leave effective without irremediably or disproportionately damaging the resumption of business activity.
The remunerated leave regulated in this Royal Decree shall not be applied to the following employed persons:
1. Those who carry out the activities that must continue to be carried out under articles 10.1, 10.4, 14.4, 16, 17 and 18 of Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19 and the regulations approved by the Competent Authority and the Delegated Competent Authorities.
2. Those that work in the activities that participate in the market supply chain and in the operation of the services of the production centers of basic goods and services, including food, beverages, animal feed, hygiene products, medicines, health products or any product necessary for the protection of health, allowing the distribution of the same from the origin to the final destination.
3. Those that provide services in the hotel and restaurant activities that provide home delivery services.
4. Those that provide services in the chain of production and distribution of goods, services, sanitary technology, medical material, protective equipment, sanitary and hospital equipment and any other materials necessary for the provision of sanitary services.
5. Those essential for the maintenance of the productive activities of the manufacturing industry that offer the supplies, equipment and materials necessary for the correct development of the essential activities included in this annex.
6. Those that carry out transport services, both for people and goods, that continue to be developed since the declaration of the state of alarm, as well as those that must ensure the maintenance of the means used for it, under the regulations approved by the competent authority and the delegated competent authorities since the declaration of the state of alarm.
7. Those that provide services in Penitentiary Institutions, civil protection, maritime rescue, rescue and prevention and extinction of fires, mine safety, and traffic and road safety. Likewise, those that work in private security companies that provide security transport services, response to alarms, round-trip or discontinuous surveillance, and those that are necessary to use for the performance of security services in guarantee of essential services and supplying the population.
8. The indispensable ones that support the maintenance of the material and equipment of the armed forces.
9. Those of health centers, services and establishments, as well as people who (i) serve the elderly, minors, dependents or people with disabilities, and people who work in companies, R&D and biotechnology centers linked to COVID-19, (ii) the animal facilities associated with them, (iii) the maintenance of the minimum services of the facilities associated with them and the companies supplying the products necessary for said investigation, and (iv) the people who work in funeral services and other related activities.
10. Those of animal health centers, services and establishments.
11. Those that provide services in points of sale of the press and in the media or news agencies of public and private ownership, as well as in their printing or distribution.
12. Las de empresas de servicios financieros, incluidos los bancarios, de seguros y de inversión, para la prestación de los servicios que sean indispensables, y las actividades propias de las infraestructuras de pagos y de los mercados financieros.
13. Those of telecommunications and audiovisual companies and essential computer services, as well as those networks and facilities that support them and the sectors or subsectors necessary for their proper functioning, especially those that are essential for the adequate provision of public services, as well such as the non-attendance work of public employees.
14. Those that provide services related to the protection and care of victims of gender violence.
15. Those who work as lawyers, attorneys, social graduates, translators, interpreters and psychologists and who attend procedural proceedings not suspended by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19 and, in this way, comply with the essential services agreed upon by the Ministry of Justice, the General Council of the Judiciary, the State Attorney General and the Autonomous Communities with competences in the matter and reflected in the Resolution of the Secretary of State for Justice dated March 14, 2020, and the adaptations that in their chaos may be agreed.
16. Those that provide services in law firms and legal consultancies, administrative agencies and social graduates, and third-party services and own occupational risk prevention, in urgent matters.
17. Those that provide services in the notaries and registries for the fulfillment of the essential services set by the General Directorate of Legal Security and Public Faith.
18. Those that provide cleaning, maintenance, urgent breakdown repair and surveillance services, as well as providing services in the collection, management and treatment of hazardous waste, as well as urban solid, hazardous and non-hazardous waste, collection and treatment wastewater, decontamination activities and other waste management services and transport and removal of by-products or any of the entities belonging to the Public Sector, in accordance with the provisions of article 3 of Law 9/2017, of 8 of November, Public Sector Contracts.
19. Those who work in the Refugee Reception Centers and in the Temporary Stay Centers for Immigrants and public entities of private management subsidized by the Secretary of State for Migration and that operate within the framework of International Protection and Care Humanitarian.
20. Those who work in water supply, purification, conduction, purification and sanitation activities.
21. Those that are essential for the provision of meteorological forecasting and observation services and the associated processes of maintenance, surveillance and control of operational processes.
22. Those of the operator designated by the State to provide the universal postal service, in order to provide collection, admission, transport, classification, distribution and delivery services for the sole purpose of guaranteeing said universal postal service.
23. Those that provide services in those sectors or subsectors that participate in the import and supply of sanitary material, such as logistics, transportation, warehousing, customs transit (freight forwarders) companies and, in general, all those that participate in sanitary corridors .
24. Those who work in the distribution and delivery of products purchased in commerce by internet, telephone or correspondence.
25. Any others that provide services that have been considered essential. According to Order SND / 307/2020, March 30, which establishes the interpretative criteria for the application of Royal Decree-Law 10/2020, of March 29, and the model of responsible declaration to facilitate the necessary journeys between the place of residence and work, the following aspects are available that we highlight:
First. Object.
The purpose of this Order is to specify activities excluded from the scope of application of Royal Decree-Law 10/2020, of March 29, as well as to provide a model for a responsible declaration in which it is indicated that the worker carrying it may continue to make trips. to your workplace or to the development of your union or business representation activity
Second. Free-lancers.
Royal Decree 463/2020, of March 14, only affects the self-employed who provide their services in activities suspended by the declaration of the state of alarm. For its part, Royal Decree-Law 10/2020, of March 29, does not apply to self-employed workers.
Quarter. Responsible statement
Workers employed by others who do not have to take advantage of the recoverable paid leave established in Royal Decree-Law 10/2020 and those others engaged in the activity of union or business representation will have the right to the issuing company or entity a responsible statement. recognizing such circumstance, in accordance with the model contained in the Annex to this Order.